Allahabad High Court
NANHI DEVIversusSTATE OF U.P. AND 4 OTHERS
- Decided
- Bench
- MANISH KUMAR NIGAM
Holding
The Court ordered the Naib Tehsildar to decide the pending mutation case within six months, thereby granting the writ of mandamus.
Summary
Petitioner Nanhi Devi filed a writ petition seeking a mandamus directing the Naib Tehsildar of Tilhar Tehsil to decide a pending mutation case (No. 8190 of 2024) that had been delayed despite several dates being fixed. The petitioner argued that the delay was unjustified and requested an expeditious decision. The Court, after hearing counsel, noted that the petition served no useful purpose if left pending and chose not to comment on the merits of the underlying mutation dispute. It issued a direction to the Naib Tehsildar to decide the case within six months of receiving a certified copy of the order, ensuring service and hearing, and to avoid unnecessary adjournments. The petition was therefore disposed with the mandated order.
Issues considered
- Whether a writ of mandamus can be issued to compel a Naib Tehsildar to decide a pending mutation case expeditiously
Subjects
- writ of mandamus
- mutation case
- land records
- administrative delay
- expeditious disposal
- High Court of Allahabad
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
WRIT - C No. - 19295 of 2026
Nanhi Devi
.....Petitioner(s)
Versus
State Of U.P. And 4 Others
.....Respondent(s)
Counsel for Petitioner(s) : Brij Raj Verma
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:
"To issue writ, order or direction in the nature mandamus
commanding and directing to Naib Tehsildar Tehsil Tilhar
district Shahjahanpur/respondent no.2 to decide the mutation
case no.8190 of 2024, (Computerized Case
No.T202412610308190 (Nanhi Devi Vs. Prema Devi) within
a short time which is still pending before him."
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
No. 2 to consider and decide the aforementioned case, in
WRIC No. 19295 of 2026
2
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 18, 2026 (Manish Kumar Nigam,J.)
Ved Prakash
Digitally signed by :-
VED PRAKASH SHARMA
High Court of Judicature at Allahabad
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