Allahabad High Court
VIKRAM SINGHversusSTATE OF U.P. AND 6 OTHERS
- Decided
- Bench
- CHANDRA KUMAR RAI
Holding
The court directed the Tehsildar to decide the pending revenue proceeding under Section 35 of the U.P. Revenue Code, 2006, within three months, thereby granting the writ of mandamus.
Summary
The petitioner filed a writ petition seeking a mandamus directing the Tehsildar of Banda to decide an objection filed on 11 March 2024 in a revenue proceeding under Section 35 of the Uttar Pradesh Revenue Code, 2006. The objection relates to a case concerning land parcels in Village Bhawanipurwa, pending before the Tehsildar following a remand order dated 16 May 2023. The court found no dispute that the proceeding is pending and that the petitioner’s objection has been filed. Without adjudicating the merits, the court ordered the Tehsildar to decide the matter expeditiously, preferably within three months of receiving a certified copy of the order, after giving a proper hearing. The petition was therefore disposed with the direction to the Tehsildar to act within the stipulated time.
Issues considered
- Whether the Tehsildar’s failure to decide the objection within a reasonable time violates the statutory duty under Section 35 of the U.P. Revenue Code, 2006.
- Whether a writ of mandamus is the appropriate remedy to compel the Tehsildar to decide the pending revenue proceeding.
Legislation cited
- Uttar Pradesh Revenue Code, 2006 — s. 35, 35(2)
Subjects
- mandamus
- writ petition
- U.P. Revenue Code
- Section 35
- Tehsildar
- land revenue
- administrative law
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
WRIT - C No. - 27477 of 2026
Vikram Singh
.....Petitioner(s)
Versus
State Of U.P. And 6 Others
.....Respondent(s)
Counsel for Petitioner(s) : Bhawesh Pratap Singh
Counsel for Respondent(s) : C.S.C.
Court No. - 37
HON'BLE CHANDRA KUMAR RAI, J.
1. Heard Sri Bhawesh Pratap Singh, learned counsel for the
petitioner and Sri Nand Lal Maurya, 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,
directing respondent no.3/Tehsildar, Tehsil and District Banda
to decide the objection preferred by the petitioner dated
11.3.2024 in Case No.6365/2023 (Computerized Case
No.T202307110106365) (Prem Kumar Singh and Others vs.
Kalyan Singh), under Section 35 of the U.P. Revenue Code,
2006, Village Bhawanipurwa, Non-Z.A. area Mohan Lochan,
Patti No.1, Khata Nos.6 and 8, Tehsil and District Banda,
within the stipulated period."
3. Counsel for the petitioner submitted that in pursuance of the
remand order dated 16.5.2023 passed by the Sub Divisional Officer
in the proceeding under Section 35(2) of the U.P. Revenue Code,
2006, the matter is pending before the Tehsildar. He submitted that
petitioner's objection dated 11.3.2024 in the aforementioned
proceeding is pending before the Tehsildar, as such, direction be
issued to respondent no.3/Tehsildar, Banda to consider the
petitioner's objection dated 11.3.2024 in proper manner and decide
the aforementioned proceeding in accordance with law.
WRIC No. 27477 of 2026
2
4. I have considered the arguments advanced by learned counsel for
the parties and perused the records.
5. There is no dispute about the fact that proceeding under Section
35 of the U.P. Revenue Code, 2006 is pending before respondent
no.3/Tehsildar in pursuance of the remand order dated 16.5.2023
passed by the Sub Divisional Officer. There is also no dispute about
the fact that petitioner has filed his objection dated 11.3.2024 in the
aforementioned proceeding.
6. Considering the entire facts and circumstances of the case, without
expressing any opinion on the merits of the case, this petition is
disposed of with the direction to respondent no.3 to decide the
aforesaid proceeding under Section 35 of the U.P. Revenue Code,
2006, as expeditiously as possible, preferably within a period of 3
months, from the date of production of a certified copy of this order
before the authority concerned, considering the petitioner's objection
dated 11.3.2024, after affording proper opportunity of hearing to the
parties concerned, in accordance with law.
(Chandra Kumar Rai,J.)
September 18, 2026
C.Prakash
Digitally signed by :-
CHANDRA PRAKASH
High Court of Judicature at Allahabad
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