Created by Fuzzy Cloud

Allahabad High Court

SARITA PATHAKversusSTATE OF U.P. AND 3 OTHERS

Decided

Holding

The Court directed the Tehsildar to decide the pending proceeding within three months, thereby granting the writ of mandamus.

Summary

The petitioner, Sarita Pathak, filed a writ petition seeking a mandamus directing the Tehsildar (Judicial) of Azamgarh to decide a pending revenue proceeding (Case No.972/2025) under Sections 34 and 35 of the U.P. Revenue Code, 2006, which had been pending since 2025. The petitioner argued that the proceeding was not being dealt with expeditiously and submitted the order‑sheet as evidence. The High Court, after hearing counsel, refrained from commenting on the merits of the underlying revenue dispute. Instead, it disposed of the petition by directing the Tehsildar to conclude the proceedings within three months of receiving a certified copy of the order, after providing a proper hearing to the parties. The order emphasizes the need for prompt administrative action without delving into substantive issues of the case.

Issues considered

  • Whether a writ of mandamus can be issued to compel a Tehsildar to decide a pending revenue proceeding under Sections 34/35 of the U.P. Revenue Code, 2006 within a stipulated time.

Legislation cited

Subjects

  • mandamus
  • writ petition
  • U.P. Revenue Code
  • administrative delay
  • expeditious disposal
  • Tehsildar

Judgment

                                                  HIGH COURT OF JUDICATURE AT ALLAHABAD

                                                              WRIT - C No. - 33471 of 2026

                                    Sarita Pathak
                                                                                                         .....Petitioner(s)
                                                                           Versus
                                    State Of U.P. And 3 Others
                                                                                                      .....Respondent(s)

                                    Counsel for Petitioner(s)                              :    Jitendra Yadav
                                    Counsel for Respondent(s)                              :    C.S.C.

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

                                    1. Heard Sri Jitendra Yadav, learned counsel for the petitioner and Sri Vijay
                                    Pratap Singh, learned Addl. C.S.C. 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 (Judicial), Tehsil-
                                          Sadar, District Azamgarh to decide the Case No.972/2025
                                          (Computerized Case No.T202515060100972) (Sarita Pathak vs.
                                          Lalman), under Section 34/35 of the U.P. Revenue Code, 2006
                                          within the stipulated period."

                                    3. Counsel for the petitioner submitted that proceeding under Section 34/35 of
                                    the U.P. Revenue Code, 2006 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


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

For a signed copy suitable for filing, refer to the court's website.