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Allahabad High Court

ASHISH KUMAR CHAURASIYAversusSTATE OF U.P. AND 2 OTHERS

Decided

Holding

The court directed the Tehsildar to decide the mutation proceeding expeditiously within three months, without expressing any opinion on the merits.

Summary

The petitioner, Ashish Kumar Chaurasiya, filed a writ petition seeking a mandamus directing the Tehsildar of Belthara Road, Ballia, to decide his pending mutation case (No.4064/2025) under Section 34 of the Uttar Pradesh Revenue Code, 2006. The petitioner alleged that the mutation proceeding, initiated in 2025, had not been concluded and was not being processed expeditiously. The court, after hearing counsel, noted the delay but refrained from commenting on the merits of the mutation claim. It ordered the Tehsildar to decide the matter to its logical conclusion within three months of receiving a certified copy of the order, after providing a proper hearing to the parties. The order was issued without any substantive adjudication on the underlying land dispute.

Issues considered

  • Whether the Tehsildar should be directed to decide the pending mutation proceeding within a reasonable time under Section 34 of the U.P. Revenue Code, 2006.
  • Whether the petitioner is entitled to a writ of mandamus for the alleged delay in the mutation process.

Legislation cited

Subjects

  • mutation
  • land revenue
  • mandamus
  • writ petition
  • delay
  • U.P. Revenue Code
  • administrative law

Judgment

                                                  HIGH COURT OF JUDICATURE AT ALLAHABAD

                                                              WRIT - C No. - 33468 of 2026

                                    Ashish Kumar Chaurasiya
                                                                                                         .....Petitioner(s)
                                                                           Versus
                                    State Of U.P. And 2 Others
                                                                                                      .....Respondent(s)

                                    Counsel for Petitioner(s)               :   Dhirendra Singh, Santosh Kumar
                                    Counsel for Respondent(s)               :   C.S.C.

                                    Court No. - 37
                                                         HON'BLE CHANDRA KUMAR RAI, J.

                                    1. Heard learned counsel for the petitioner and Sri Dhananjay Singh, 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 respondent no.2/Tehsildar, Tehsil Belthara
                                          Road, District Ballia to decide the Mutation Case No.4064/2025
                                          (Computerized Case No.T202515090704064 (Ashish Kumar
                                          Chaurasiya vs. Shri Ram), under Section 34 of the U.P.
                                          Revenue Code, 2006, within the stipulated period"

                                    3. Counsel for the petitioner submitted that mutation proceeding, initiated at
                                    the instance of the petitioner, is pending before respondent no.2/Tehsildar
                                    since 2025. He further placed copy of the order-sheet of the pending
                                    proceeding, in order to demonstrate that the case is not proceeding
                                    expeditiously.

                                    4. Considering the facts and circumstances of the case, without expressing
                                    any opinion on the merits of the case, this petition is disposed of with the
                                    direction to respondent no.2 to decide the aforesaid proceedings to its logical
                                    conclusion, as expeditiously as possible, preferably within a period of 3
                                    months, from the date of production of a certified copy of this order before the
                                    authority concerned, after affording proper opportunity of hearing to the parties
                                    concerned, in accordance with law.

                                    September 17, 2026
                                    C.Prakash
                                                                                              (Chandra Kumar Rai,J.)




Digitally signed by :-
CHANDRA PRAKASH
High Court of Judicature at Allahabad


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