Allahabad High Court
USHA SONKARversusSTATE OF U.P. AND 2 OTHERS
- Decided
- Bench
- GARIMA PRASHAD
Holding
The Court directed the respondent Tehsildar to decide the pending mutation suit within four months, thereby granting the writ of mandamus.
Summary
Petitioner Usha Sonkar filed a writ petition seeking a mandamus directing the Tehsildar of Gola, District Gorakhpur (respondent No.2) to decide a pending mutation suit (Suit No.1120/2026) filed under Section 35 of the U.P. Revenue Code, 2006. The suit, concerning specific land plots in Bishra village, had been pending since 6 November 2025. The petitioner argued that the delay violated her right to a speedy resolution, while the State's standing counsel raised no objection to the petition. The Court examined whether it could compel an administrative officer to adjudicate the suit within a fixed period. Finding no legal impediment, the Court issued a direction that the respondent decide the suit within four months of the order. The writ petition was consequently disposed with the mandated direction.
Issues considered
- Whether a writ of mandamus can be issued to compel the Tehsildar to decide a pending mutation suit under Section 35 of the U.P. Revenue Code, 2006 within a stipulated time.
Legislation cited
- U.P. Revenue Code, 2006 — s. 35
Subjects
- mutation of land
- mandamus
- writ petition
- U.P. Revenue Code
- administrative law
- expeditious disposal
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
WRIT - C No. - 31891 of 2026
Usha Sonkar
.....Petitioner(s)
Versus
State Of U.P. And 2 Others
.....Respondent(s)
Counsel for Petitioner(s) : Rajesh Kumar Singh
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 a writ order or direction in the nature of Mandamus
commanding the respondent no. 2 to decide the mutation proceeding as
Suit No.1120/2026, computerized suit no. T202605310701120 (Usha
Sonkar Vs. Motilal) u/s 35 of U.P. Revenue Code, 2006, with regard to
plot no.324mi/0.117 H, plot No.351mi/0.033 H, 100 respect Barahaj
OfIONlage-Bishra, Tappa-Pargana-Dhuriyapar, Tehsil-Gola, District
Gorakhpu within a stipulated period, without providing unnecessary
adjournment to either of the parties."
3. Learned counsel for the petitioner submits that the petitioner filed a suit
for mutation being Suit No. 1120 of 2026, under Section 35 of the U.P.
Revenue Code, 2006, which is pending before the respondent no.2 since
06.11.2025. 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 mutation case, in accordance with law.
5. In view of the above, this writ petition is disposed of with a direction to
WRIC No. 31891 of 2026
2
the respondent no.2/Tehsildar Gola, District Gorakhpur to decide the
pending suit within a period of four months from the date of production of a
certified copy of this order.
(Garima Prashad,J.)
September 29, 2026
Lbm/-
Digitally signed by :-
LAL BAHADUR MAURYA
High Court of Judicature at Allahabad
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