Allahabad High Court
VNBP SHIKSHA SEVA SAMITIversusSTATE OF U.P. AND 2 OTHERS
- Decided
- Bench
- MANISH KUMAR NIGAM
Holding
The Court directed the respondents to decide the pending mutation case expeditiously, preferably within six months, without granting unnecessary adjournments.
Summary
The petitioner, VNBP Shiksha Seva Samiti, filed a writ petition seeking a mandamus directing the State of Uttar Pradesh and other respondents to decide a pending mutation case (Case No. 3881 of 2024) concerning land in Gorakhpur. The petitioner alleged that despite several dates being fixed, the Tehsildar’s court had not rendered a decision since 2024, causing undue delay. The High Court examined the petition without delving into the merits of the underlying land dispute. It held that the petition did not merit continuation and ordered the respondents to decide the mutation case expeditiously, preferably within six months of the certified copy of the order. The direction was conditioned on service to all parties, an opportunity of hearing, and a prohibition on unnecessary adjournments, provided no other legal impediment exists. Consequently, the writ petition was disposed of with the mandated direction.
Issues considered
- Whether a writ of mandamus can be issued directing the revenue authorities to decide a pending mutation case within a stipulated period
Legislation cited
- Land Revenue Act — s. 34, 35
Subjects
- writ petition
- mandamus
- Land Revenue Act
- mutation case
- expeditious disposal
- administrative law
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
WRIT - C No. - 17955 of 2026
Vnbp Shiksha Seva Samiti
.....Petitioner(s)
Versus
State Of U.P. And 2 Others
.....Respondent(s)
Counsel for Petitioner(s) : Ram Prasad Dubey
Counsel for Respondent(s) : C.S.C.
Court No. - 36
HON'BLE MANISH KUMAR NIGAM, J.
1. Heard learned counsel for the petitioner, learned Standing
Counsel for the State and perused the record.
2. The instant writ petition has been filed for the following relief:
"Issue a writ order or direction in the nature of mandamus
directing the respondents to decide the Case no.3881 of
2024, (VNBP Vs. Munna Nishad) Under Section 34/35 Land
Revenue Act regarding Village Maharajganj Tappa Marachi
Chandaur, Post Haveli, Tehsil Sadar, District Gorakhpur
pending in the Court of Tehsildar Tehsil Sadar, District
Gorakhpur within Stipulated period."
3. Learned counsel for the petitioner states that the aforesaid
mutation case is pending since 2024. It is further contended that
several dates have been fixed but the same has not been decided
yet. He prayed that the same may be decided, expeditiously.
4. No useful purpose would be served in keeping this petition
pending.
5. Considering the facts and circumstances of the case, without
expressing any opinion on the merits of the case, the present
petition stands disposed of finally with a direction to respondent
WRIC No. 17955 of 2026
2
No. 2 to consider and decide the aforementioned case, in
accordance with law, expeditiously, preferably within a period of
six months from the date of production of a certified copy of this
order after ensuring service upon all the opposite parties and
giving opportunity of hearing to the parties concerned and
without granting unnecessary adjournments to either of the
parties provided that there is no other legal impediment.
May 7, 2026 (Manish Kumar Nigam,J.)
Ved Prakash
Digitally signed by :-
VED PRAKASH SHARMA
High Court of Judicature at Allahabad
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