Allahabad High Court
BINOD KUMAR YADAVversusSTATE OF U.P. AND 3 OTHERS
- Decided
- Bench
- CHANDRA KUMAR RAI
Holding
The court held that the Tehsildar must decide the pending mutation proceeding expeditiously, within three months, and without unnecessary adjournments.
Summary
The petitioner, Binod Kumar Yadav, filed a writ petition seeking a mandamus directing the Tehsildar of Shahganj Tehsil to decide a pending mutation case (case no. 5124 of 2026) and to mutate his name in the revenue records based on a registered sale deed dated 12‑01‑2026. The petitioner alleged undue delay in the proceedings. The High Court, after hearing counsel, did not opine on the merits but ordered the Tehsildar to decide the matter expeditiously, preferably within three months of the certified copy of the order, after giving a hearing and without unnecessary adjournments. The order thus disposes of the petition with a directive to the revenue officer. The decision emphasizes the duty of administrative authorities to act promptly in mutation matters under the U.P. Revenue Code.
Issues considered
- Whether the Tehsildar's delay in deciding the mutation proceeding warrants issuance of a mandamus.
- Whether the petitioner is entitled to a direction for expeditious disposal of the mutation case under the U.P. Revenue Code.
Legislation cited
- U.P. Revenue Code, 2006 — s. 34, 35
Subjects
- mandamus
- mutation of land records
- U.P. Revenue Code
- administrative delay
- writ petition
- revenue law
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
WRIT - C No. - 33546 of 2026
Binod Kumar Yadav
.....Petitioner(s)
Versus
State Of U.P. And 3 Others
.....Respondent(s)
Counsel for Petitioner(s) : Abhishek Kumar Yadav, Ravindra
Nath Yadav
Counsel for Respondent(s) : C.S.C.
Court No. - 37
HON'BLE CHANDRA KUMAR RAI, J.
1. Heard learned Counsel for the petitioner and learned Standing
Counsel for the State respondents.
2. The instant writ petition has been filed for the following relief:-
"I. Issue a writ order or direction in the nature of mandamus
commanding and directing to the respondent no. 2/ Tehsildar Tehsil
Shahganj, District Jaunpur to decide the mutation case no. case no.
5124 of 2026 ,Computerized Case No. T202614360105124 filed under
section 34/35 of the U.P. Revenue Code, 2006 (Binod Kumar vs. Kripa
Shankar) in some specified period fixed by this hon'ble court.
II. Issue a writ order or direction in the nature of mandamus
commanding and directing to the respondent no. 2 i.e. Tehsildar, Tehsil
Shahganj, District Jaunpur (Respondent no. 2) to mutate the name of
the petitioner in the revenue record i.e. Khatauni on the basis of
registered sale deed dated 12.01.2026 executed by respondent no. 3
regard to the Land Arazi No. 1034 M. total area 0.3230 hectare situated
in village -Bhadi Dehati, Pargana - Anguli, Tehsil - Shahganj, District -
Jaunpur, in pursuance of mutation case no 5124 of 2026, Computerized
Case No. T202614360105124 filed under section 34/35 of the U.P.
Revenue Code, 2006 (Binod Kumar vs. Kripa Shankar) in some
specified period fixed by this hon'ble court."
3. Counsel for the petitioner submitted that mutation proceeding
WRIC No. 33546 of 2026
2
initiated at the instance of petitioner on the basis of registered sale
deed is pending before respondent no.2, Tehsildar, Tehsil- Shahganj,
District Jaunpur since 12.1.2026. 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,
Tehsildar, Tehsil- Shahganj, District Jaunpur to consider and decide
the aforementioned proceeding 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 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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