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Allahabad High Court

SITA PATIversusSTATE OF U.P. AND 2 OTHERS

Decided

Holding

The court directed the second respondent to decide the pending mutation case within six months, thereby granting the relief sought in the writ petition.

Summary

Petitioner Sita Pati filed a writ petition seeking a mandamus directing the second respondent to decide a pending mutation case (No. 4672 of 2025) concerning land in Basti district, under Section 34 of the Land Revenue Code, 2006. The petitioner argued that the case had been pending since 2025 and that further delay would cause irreparable loss. The court noted that keeping the writ petition pending served no useful purpose while the mutation case remained undecided. Consequently, the court disposed of the writ petition and issued a direction to the second respondent to decide the mutation case expeditiously, preferably within six months of the order, after serving notice and providing a hearing. The order was signed by Justice Manish Kumar Nigam on May 6, 2026.

Issues considered

  • Whether a writ of mandamus can be issued to compel the revenue authority to decide a pending mutation case under Section 34 of the Land Revenue Code, 2006
  • Whether the delay in deciding the mutation case amounts to irreparable loss warranting expeditious adjudication

Legislation cited

Subjects

  • writ petition
  • mandamus
  • mutation case
  • Land Revenue Code 2006
  • section 34
  • delay
  • expeditious decision
  • Allahabad High Court

Judgment

                                                  HIGH COURT OF JUDICATURE AT ALLAHABAD

                                                                WRIT - C No. - 17618 of 2026

                                    Sita Pati
                                                                                                          .....Petitioner(s)
                                                                           Versus
                                    State Of U.P. And 2 Others
                                                                                                        .....Respondent(s)

                                    Counsel for Petitioner(s)                         :    Pankaj Kumar Shukla
                                    Counsel for Respondent(s)                         :    C.S.C.

                                    Court No. - 36
                                                        HON'BLE MANISH KUMAR NIGAM, J.

                                    1. Heard learned counsel for the parties and perused the record.

                                    2. This writ petition has been filed seeking following relief :-

                                          "Issue a suitable writ order or direction in the nature of mandamus
                                          commanding the respondent no.2 to decide the Mutation Case no 4672 of
                                          2025 computer case no. T202517140104672 (Sita Pati Vs. Jai Pata)
                                          under section 34 of Land Revenue code 2006 regarding to land situated
                                          Village-Nedula, Tappa Sikander pur, Pargana Amodha, Tehsil-Harriya,
                                          District- Basti. As possible with in two months otherwise petitioner shall
                                          suffer irreparable loss and injury."

                                    3. Learned counsel for the petitioner submitted that the above-mentioned case
                                    is pending consideration since 2025 and the same has not been decided till
                                    date. Learned counsel prayed that the same may be decided, expeditiously.

                                    4. Since the above-mentioned case is pending, no useful purpose would be
                                    served in keeping this petition pending.

                                    5. In view of the above, this writ petition stands disposed of with a direction to
                                    respondent no.2 to decide the above-mentioned case, in accordance with
                                    law, expeditiously, preferably within six months from the date of production of
                                    a certified copy of this order, after ensuring service of notice upon all the
                                    respondents and providing opportunity of hearing to all the concerned parties
                                    provided there is no other legal impediment.

                                    May 6, 2026
                                    Rishabh
                                                                                             (Manish Kumar Nigam,J.)




Digitally signed by :-
RISHABH KUMAR
High Court of Judicature at Allahabad


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