Allahabad High Court
LILAWATI DEVIversusSTATE OF U.P AND 3 OTHERS
- Decided
- Bench
- CHANDRA KUMAR RAI
Holding
The Court directed the Naib Tehsildar to decide the mutation proceeding within three months, without granting unnecessary adjournments, thereby granting the relief sought in the writ petition.
Summary
Petitioner Lilawati Devi filed a writ petition seeking a mandamus directing the Naib Tehsildar, Hata Kushinagar, to expedite a mutation proceeding under Section 35 of the U.P. Revenue Code, 2006, which had been pending since 2013 (case no. 6025 of 2026). The petitioner alleged that the proceedings were not being conducted in accordance with the provisions of the Code. The Court, after hearing counsel, declined to opine on the merits but ordered the respondent to decide the mutation matter expeditiously, preferably within three months of the certified copy of the order, after giving a hearing and without unnecessary adjournments. The direction was issued as a mandamus. The petition was consequently disposed of with the said direction.
Issues considered
- Whether the High Court can issue a mandamus directing the Naib Tehsildar to expedite the pending mutation proceeding under Section 35 of the U.P. Revenue Code, 2006.
Legislation cited
- U.P. Revenue Code, 2006 — s. 35
Subjects
- writ petition
- mandamus
- mutation proceeding
- U.P. Revenue Code
- Section 35
- expeditious disposal
- administrative law
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
WRIT - C No. - 30640 of 2026
Lilawati Devi
.....Petitioner(s)
Versus
State Of U.P And 3 Others
.....Respondent(s)
Counsel for Petitioner(s) : Ashutosh Kumar Gupta, Avinash,
Laxmi Shankar Yadav
Counsel for Respondent(s) : C.S.C.
Court No. - 37
HON'BLE CHANDRA KUMAR RAI, J.
1. Counsel for the petitioner is permitted to make necessary
correction in the array of the parties in the writ petition during course
of the day.
2. Heard learned Counsel for the petitioner and Mr. Anil Kumar
Yadav, learned Standing Counsel for the State respondents.
3. The instant writ petition has been filed for the following relief:-
"Issue an order or direction in the nature of mandamus directing the
Court below to expedite the proceedings of case no. 6025 of 2026 (Smt.
Lilawati Devi Vs. Satish Kumar and Others) and computerized case no.
T202605440206025 pending in the Court below Naib Tehsildar Hata
Kushinagar."
4. Counsel for the petitioner submitted that proceeding of mutation
under Section 35 of U.P. Revenue Code, 2006 is pending before
respondent no.2, Naib Tehsildar Hata Kushinagar since 2013. He
further submitted that order sheet of the case is annexed in order to
demonstrate that matter is not according to the provisions contained
under the Code.
5. 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 Hata Kushinagar to consider and decide the
WRIC No. 30640 of 2026
2
aforementioned mutation proceeding in accordance with law
expeditiously and 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 8, 2026
Vandana Y.
Digitally signed by :-
VANDANA YADAV
High Court of Judicature at Allahabad
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