Allahabad High Court
SARITA PATHAKversusSTATE OF U.P. AND 3 OTHERS
- Decided
- Bench
- CHANDRA KUMAR RAI
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
- U.P. Revenue Code, 2006 — s. 34, 35
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
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