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Allahabad High Court

GEETA SINGHversusSTATE OF U.P. AND 6 OTHERS

Decided

Holding

The Court directed the Tahsildar to decide the pending mutation proceedings within four months, thereby granting the writ of mandamus.

Summary

Petitioner Geeta Singh filed a writ petition seeking a mandamus directing the Tahsildar of Bansgaon to decide a pending mutation proceeding (Case No. 2075 of 2025) under sections 34 and 35 of the U.P. Revenue Code, 2006. The mutation had been allowed by a decree dated 14‑10‑2019 based on a compromise that did not implead the petitioner, leading her to obtain a restoration order on 13‑05‑2026. Despite the restoration, the Tahsildar had not yet decided the mutation case. The State respondents raised no objection to the petition. The High Court ordered the Tahsildar to decide the mutation proceedings within four months of the certified copy of the order, after hearing both parties, and disposed of the petition with that direction.

Issues considered

  • Whether a writ of mandamus can be issued to compel the Tahsildar to decide a pending mutation proceeding under the U.P. Revenue Code, 2006.

Legislation cited

Subjects

  • mutation
  • mandamus
  • U.P. Revenue Code
  • restoration order
  • writ petition
  • administrative law

Judgment

          HIGH COURT OF JUDICATURE AT ALLAHABAD
                          WRIT - C No. - 29178 of 2026

Geeta Singh
                                                                   .....Petitioner(s)
                                       Versus

State Of U.P. And 6 Others
                                                                .....Respondent(s)

Counsel for Petitioner(s)               :   Shruti Shrinet, Utpal Srivastav
Counsel for Respondent(s)               :   C.S.C.

Court No. - 37
                     HON'BLE GARIMA PRASHAD, J.

1. Heard learned counsel for the petitioner and learned Standing Counsel for
the State respondents.

2. By means of this petition, the petitioner has prayed for the following
relief:

      "1. issue a writ, order or direction in the nature of mandamus directing
      and commanding the respondent no.2, Tahsildar Bansgaon, Tahsil
      Bansgaon, District Gorakhpur to decide the mutation case no.2075 of
      2025 as well as Computerized Case No.T202505310102075, under
      section 34/35 of U.P. Revenue Code, 2006 (Geeta Singh Vs. Dheeraj
      Singh and others) relating to Mauja -Majgawa, Tappa Mahsin, Pargana-
      Unwal, Tahsil Bansgaon, District Gorakhpur, within stipulated time as fix
      by this Hon'ble Court;"

3. Learned counsel for the petitioner submits that mutation was allowed by
the judgement and decree dated 14.10.2019 on the basis of a compromise
entered into between the parties, without impleading the petitioner. In view
thereof the petitioner filed restoration application which was allowed by the
court concerned on 13.05.2026. However, after being restored, the mutation
proceeding has not been decided by the respondent no.2. He prays that the
said suit may be directed to be decided expeditiously.

4. Learned Standing Counsel for the State submits that he has no objection in
the event this petition is disposed of with a direction to the respondent no.2
to decide the pending case, in accordance with law.
                                                                                             WRIC No. 29178 of 2026
                                                                     2


                                    5. In view of the above, this writ petition is disposed of with a direction to
                                    the respondent no.2/Tehsildar, Bansgaon, Tehsil Bansgaon, District
                                    Gorakhpur to decide the pending mutation proceedings within a period of
                                    four months from the date of production of a certified copy of this order,
                                    after affording opportunity of hearing of both the parties.



                                                                                             (Garima Prashad,J.)
                                    September 29, 2026
                                    Lbm/-




Digitally signed by :-
LAL BAHADUR MAURYA
High Court of Judicature at Allahabad


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