Allahabad High Court
SONPAL AND ANOTHERversusSTATE OF U.P. AND 2 OTHERS
- Decided
- Bench
- ANISH KUMAR GUPTA
Holding
The writ petition was dismissed as withdrawn, with liberty to file the appropriate application under the Revenue Code.
Summary
The petitioners sought mandamus directing the revenue authorities to record their names in a lease agricultural land record and to decide a pending representation. The State's standing counsel objected, stating that the petitioners must first file an application under Sections 34 and 35 of the Uttar Pradesh Revenue Code, 2006 for mutation of the land record. The petitioner’s counsel agreed to withdraw the writ petition and to pursue the appropriate proceedings before the correct forum. The court accepted the withdrawal and dismissed the writ petition. The judgment emphasizes the need to follow statutory procedures before approaching the court for relief.
Issues considered
- Whether a writ petition for mutation of land records is maintainable without first filing an application under Sections 34/35 of the U.P. Revenue Code, 2006.
Legislation cited
- Uttar Pradesh Revenue Code, 2006 — s. 34, 35
Subjects
- mutation
- land record
- mandamus
- writ petition
- U.P. Revenue Code
- withdrawal
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
WRIT - C No. - 29357 of 2026
Sonpal And Another
.....Petitioner(s)
Versus
State Of U.P. And 2 Others
.....Respondent(s)
Counsel for Petitioner(s) : Ajay Kumar Dwivedi
Counsel for Respondent(s) : C.S.C.
Court No. - 34
Sl. No. 372 (Transfer of Court No. 37)
HON'BLE ANISH KUMAR GUPTA, J.
1. Heard Shri Ajay Kumar Dwivedi, learned counsel for the petitioner and
Shri Dhananjay Singh, learned standing counsel for the State.
2. The instant petition has been filed with the following prayer:
"(i) Issue a writ, order or direction in the nature of mandamus
commanding directing the respondent No. 2 and concerned Authority to
showing the name of the petitioners and his wife (Petitioner No. 2) in the
lease agricultural land Khasra No. 269, Measuring 0.40 acre in the
Revenue Record, situated in Mauja Nagla Ram, Tehsil Jasrana District
Firozabad.
(ii) Issue a writ, order or direction in the nature of mandamus
commanding/directing the respondent no. 3 to decide the representation
of the petitioners dated 23.2.2026 which is still pending."
3. Learned standing counsel has raised a preliminary objection that
appropriate application under section 34/35 of the U.P. Revenue Code,
2006 is required to be filed by the petitioners seeking mutation as prayed
in the instant petition.
4. In such view of the matter, learned counsel for the petitioner seeks to
withdraw the instant petition with liberty to file the appropriate
proceedings before the appropriate forum.
WRIC No. 29357 of 2026
2
5. In view of the above, the writ petition is dismissed as withdrawn with
the aforesaid liberty.
(Anish Kumar Gupta,J.)
September 14, 2026
o.k.
Digitally signed by :-
OM KRISHNA CHOUDHARY
High Court of Judicature at Allahabad
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