Allahabad High Court
BHOLA NATH PALversusSTATE OF U.P. AND 2 OTHERS
- Decided
- Bench
- CHANDRA KUMAR RAI
Holding
The Court directed the Naib Tehsildar to decide the pending mutation application expeditiously, preferably within three months, thereby granting the writ of mandamus.
Summary
Petitioner Bhola Nath Pal filed a writ petition seeking a mandamus directing the Naib Tehsildar of Mirzapur to decide a pending mutation application (Case No. 14495/2025) under Section 34 of the U.P. Revenue Code, 2006, which had been pending since 27 August 2025. The petitioner alleged that the case was not being proceeded with expeditiously. The Court examined the petition without delving into the merits of the mutation dispute and considered the delay. It held that the administrative authority must be compelled to decide the matter promptly. Accordingly, the Court ordered the Naib Tehsildar to decide the mutation application within three months of the order, after giving both parties a hearing. The petition was thus disposed with the mandamus direction.
Issues considered
- Whether a writ of mandamus can be issued to compel the Naib Tehsildar to decide a pending mutation application under Section 34 of the U.P. Revenue Code, 2006?
Legislation cited
- U.P. Revenue Code — s. 34
Subjects
- writ of mandamus
- mutation
- U.P. Revenue Code
- Section 34
- administrative delay
- expeditious decision
- Allahabad High Court
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
WRIT - C No. - 32894 of 2026
Bhola Nath Pal
.....Petitioner(s)
Versus
State Of U.P. And 2 Others
.....Respondent(s)
Counsel for Petitioner(s) : Anoop Singh, Ashok Kumar Singh
Counsel for Respondent(s) : C.S.C.
Court No. - 37
HON'BLE CHANDRA KUMAR RAI, J.
1. Learned counsel for the petitioner is permitted to make
necessary correction in the prayer clause as well as in the array of
the parties to the writ petition during course of the days.
2. Heard Mr. Ashok Kumar Singh, learned counsel for the
petitioner and Mr. Nand Lal Maurya, learned Standing Counsel for
the State-respondents.
3.The instant petition has been filed for the following relief:-
"(A). a writ of Mandamus directing respondent No.2
court of Naib Tahsildar, Miorzapur, Chauhari, Soraon
District Prayagaraj to expeditious decide the
mutation application Mutation case No. 14495/2025
computer case No. T202502030314495 (Bholanath Pal
versus Nankoo Pal) under section 34 of U.P. Revenue
Code 2006."
4. Learned counsel for the petitioner submitted that the
aforementioned mutation case under Section 34 of U.P. Revenue
Code, 2006 filed on behalf of petitioner is pending before
respondent no.2-Naib Tehsildar, Mirzapur Chauhari, Soraon,
District-Prayagraj since 27.08.2025. He further placed the
certified copy of the order sheet, which has been annexed as
Annexure No.3 to the writ petition in order to demonstrate that the
case is not proceeding expeditiously.
WRIC No. 32894 of 2026
2
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 directing respondent no.2-Naib
Tehsildar, Mirzapur Chauhari, Soraon, District-Prayagraj to decide
the aforementioned mutation case 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 both the parties.
September 15, 2026
PS*
(Chandra Kumar Rai,J.)
Digitally signed by :-
PRITI SHARMA
High Court of Judicature at Allahabad
Checking your session…