Allahabad High Court
VIPIN KUMARversusSTATE OF U.P. AND 2 OTHERS
- Decided
- Bench
- CHANDRA KUMAR RAI
Holding
The Court directed the Naib Tehsildar to decide the pending mutation suit within three months, without expressing any opinion on the merits.
Summary
The petitioner, Vipin Kumar, filed a writ petition seeking a mandamus directing the Naib Tehsildar of Bhadohi to decide a pending mutation suit (No. 518479 of 2025) under Section 34 of the Uttar Pradesh Revenue Code, 2006. The petitioner alleged undue delay since the suit was filed on 29-12-2025. The Court, after hearing, did not opine on the merits but ordered the respondent to decide the matter expeditiously, fixing a period of three months from the date of the certified copy of the order, with a hearing and no unnecessary adjournments. The direction was issued without expressing any view on the substantive issues of the mutation suit. The petition was thus disposed with the specific directive.
Issues considered
- Whether the High Court can issue a mandamus directing the Naib Tehsildar to decide a pending mutation suit within a stipulated time.
- Whether the delay in deciding the mutation suit violates the procedural requirements under Section 34 of the Uttar Pradesh Revenue Code, 2006.
Legislation cited
- U.P. Revenue Code, 2006 — s. 34
Subjects
- mandamus
- mutation suit
- land revenue
- Section 34
- Uttar Pradesh Revenue Code
- administrative delay
- High Court writ petition
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
WRIT - C No. - 27401 of 2026
Vipin Kumar
.....Petitioner(s)
Versus
State Of U.P. And 2 Others
.....Respondent(s)
Counsel for Petitioner(s) : Lakshmi Kant Pandey, Sandeep Kumar
Pandey
Counsel for Respondent(s) : C.S.C.
Court No. - 37
HON'BLE CHANDRA KUMAR RAI, J.
1. Heard Mr. Laxmi Kant Pandey, learned Counsel for the petitioner
and Mr. Shashi Kant Kushwaha, learned Standing Counsel for the
State respondents.
2. The instant writ petition has been filed for the following relief:-
"Issue a writ, order or direction in the nature of mandamus
commanding the respondent no.2 to decide Mutation Suit No.518479 of
2025 (Computerized No.T202516670518479) (Vipin Kumar Versus
Akash Mishra), under section 34 of Land Revenue Act within a specific
period which to be fixed by this Hon'ble Court, pending before
respondent no.2."
3. Counsel for the petitioner submitted that proceeding under Section
34 of U.P. Revenue Code, 2006 initiated at the instance of petitioner
is pending before respondent no.2, Naib Tehsildar, District Bhadohi
since 29.12.2025. He further placed the order sheet of the pending
proceeding in order to demonstrate that matter is not proceeding
expeditiously.
4. Considering the facts and circumstances of the case, without
expressing any opinion on the merits of the issue, the present petition
stands disposed of finally with a direction to respondent no.2, Naib
Tehsildar, District Bhadohi to consider and decide the
aforementioned proceeding in accordance with law expeditiously and
WRIC No. 27401 of 2026
2
preferably within a period of three months from the date of
production of certified copy of this order after giving opportunity of
hearing to the parties concerned and without granting unnecessary
adjournments to either of the parties.
(Chandra Kumar Rai,J.)
September 11, 2026
Vandana Y.
Digitally signed by :-
VANDANA YADAV
High Court of Judicature at Allahabad
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