Allahabad High Court
AKHTARI KHATOONversusSTATE OF UP AND 3 OTHERS
- Decided
- Bench
- GARIMA PRASHAD
Holding
The Court directed the Tehsildar to decide the pending case within four months from the date of the certified copy of the order, thereby granting the writ of mandamus.
Summary
The petitioner, Akhtari Khatoon, filed a petition under Section 34 of the Uttar Pradesh Land Revenue Code, 2006 on 20 May 2025 seeking a mandamus directing the Tehsildar of Belthra Road, Ballia to decide case No. 6071/2025, which had been pending with repeated adjournments. She alleged that the statutory period of 90 days for disposal under the said provision was being violated. The State’s standing counsel raised no objection to the petition being disposed with a direction to the Tehsildar. The Court examined whether the delay amounted to a breach of the statutory timeline and whether it could issue a writ of mandamus to compel the administrative officer to act. Finding the petitioner’s claim credible, the Court ordered the Tehsildar to decide the pending case within four months of the certified copy of the order, prohibiting unnecessary adjournments. The writ petition was consequently disposed with the specified direction.
Issues considered
- Whether the Tehsildar’s failure to decide the case within the statutory 90‑day period under Section 34 of the U.P. Land Revenue Code, 2006 warrants issuance of a writ of mandamus.
- Whether the High Court can direct a specific time‑frame for the administrative authority to dispose of the pending case.
Legislation cited
- U.P. Land Revenue Code, 2006 — s. 34
Subjects
- mandamus
- Section 34
- U.P. Land Revenue Code
- statutory period
- administrative delay
- writ petition
- High Court of Allahabad
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
WRIT - C No. - 30723 of 2026
Akhtari Khatoon
.....Petitioner(s)
Versus
State Of Up And 3 Others
.....Respondent(s)
Counsel for Petitioner(s) : Mohd Naushad
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:
"I. Issue the writ, order or direction in the nature of mandamus
commanding the Tehsildar Tehsil Belthra Road District Ballia decide the
case No. 6071/2025 computerize case no. T202515090706071 (Akhtari
Khatoon versus Mobarkunnisha @ Moobarkun) Under Section 34 of U.P.
Land Revenue Code, 2006, pending before Tehsildar Tehsil Belthra Road
District Ballia within stipulated. period as fixed by this Hon'ble Court."
3. Learned counsel for the petitioner submits that the petitioner had filed a
petition under Section 34 of U.P. Revenue Code, 2006 on 20.05.2025 and
the objections have also been filed by the private respondent no.4. However,
the same is still pending and arbitrary adjournments are being granted. It is
further submitted that the statutory period of 90 days as prescribed for
disposal of the case are being violated. He prays that the said case 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.
5. In view of the above, this writ petition is disposed of with a direction to
WRIC No. 30723 of 2026
2
the respondent no.2/Tehsildar Tehsil Belthara Road, District Ballia to decide
the pending case within a period of four months from the date of production
of a certified copy of this order, without granting unnecessary adjournment
to either of 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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