Allahabad High Court
SMT. SHIVPATTI DEVIversusSTATE OF U.P. AND 2 OTHERS
- Decided
- Bench
- CHANDRA KUMAR RAI
Holding
The Court held that it may issue a mandamus directing the Naib Tehsildar to decide the pending mutation proceeding expeditiously, without expressing any view on the merits.
Summary
Smt. Shivpatti Devi filed a writ petition seeking a mandamus directing the Naib Tehsildar of Phoolpur Tehsil to decide a pending mutation proceeding under Section 34 of the U.P. Revenue Code, 2006. The petitioner alleged that the proceeding, initiated on 20‑01‑2023, was unduly delayed. The Court, after hearing counsel, declined to opine on the merits of the mutation suit but exercised its supervisory jurisdiction. It ordered the respondent to decide the matter expeditiously, preferably within two months of the certified copy of the order, and to avoid unnecessary adjournments. The petition was consequently disposed with the direction.
Issues considered
- Whether a writ of mandamus can be issued to compel a revenue officer to decide a pending mutation proceeding under Section 34 of the U.P. Revenue Code, 2006 within a stipulated time.
Legislation cited
- U.P. Revenue Code, 2006 — s. 34
Subjects
- writ of mandamus
- mutation proceeding
- U.P. Revenue Code
- administrative law
- expeditious disposal
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
WRIT - C No. - 32542 of 2026
Smt. Shivpatti Devi
.....Petitioner(s)
Versus
State Of U.P. And 2 Others
.....Respondent(s)
Counsel for Petitioner(s) : Amrendra Kumar Singh, Kishan
Dubey, Shatrunjay Tiwari
Counsel for Respondent(s) : C.S.C.
Court No. - 37
HON'BLE CHANDRA KUMAR RAI, J.
1. Heard learned Counsel for the petitioner and Mr. Dinesh Kumar
Tiwari, learned Standing Counsel for the State respondents.
2. The instant writ petition has been filed for the following relief:-
" Issue a writ, order or direction in the nature of mandamus
commanding the respondents specially respondent no.2 to decide the
suit no.16063 of 2026 (Computerized Case No. (Shivpatti Vs. Kedarnath
T202602030216063 Tripathi) under section 34 of U.P. Revenue Code-
2006 within stipulated period."
3. Counsel for the petitioner submitted that mutation proceeding
under Section 34 of U.P. Revenue code, 2006 initiated at the
instance of petitioner is pending before respondent no.2, Naib
Tehsildar, Teshil Phoolpur, District Prayagraj since 20.1.2023. He
further placed the order sheet of the pending proceeding in order to
demonstrate that matter is not proceeding expeditiously.
4. 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, Teshil Phoolpur, District Prayagraj to consider and decide
the aforementioned proceeding in accordance with law expeditiously
and preferably within a period of two months from the date of
production of certified copy of this order after giving opportunity of
WRIC No. 32542 of 2026
2
hearing to the parties concerned and without granting unnecessary
adjournments to either of the parties.
(Chandra Kumar Rai,J.)
September 11, 2026
Vandana Y.
Digitally signed by :-
VANDANA YADAV
High Court of Judicature at Allahabad
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