Allahabad High Court
SAROJversusNAIB- TEHSILDAR AND 3 OTHERS
- Decided
- Bench
- CHANDRA KUMAR RAI
Holding
The Court directed the Naib‑Tehsildar to decide the pending mutation proceeding within two months, thereby granting the writ of mandamus.
Summary
The petitioner, Saroj, filed a writ petition seeking a mandamus directing the Naib‑Tehsildar of Tarya, Tamkuhiraj, Kushinagar to decide a mutation proceeding (Case No. 1962 of 2022, Computerized No. T202205440101962) pending under Section 35 of the Uttar Pradesh Revenue Code, 2006 since 2022. The petitioner alleged that the proceeding was not being conducted in accordance with the provisions of the Revenue Code and Rules, resulting in undue delay. The Court, after hearing counsel for both sides, did not opine on the merits of the mutation dispute but focused on the procedural lapse. It ordered the respondent to hear the parties and decide the pending mutation case expeditiously, preferably within two months of the certified copy of the order, and to refrain from granting unnecessary adjournments. The petition was therefore disposed with a direction to the respondent to comply with the order.
Issues considered
- Whether the Naib‑Tehsildar’s failure to decide the mutation proceeding within a reasonable time warrants the issuance of a writ of mandamus.
Legislation cited
- U.P. Revenue Code, 2006 — s. 35
Subjects
- mutation
- mandamus
- writ petition
- Uttar Pradesh Revenue Code
- administrative delay
- civil procedure
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
WRIT - C No. - 33564 of 2026
Saroj
.....Petitioner(s)
Versus
Naib- Tehsildar And 3 Others
.....Respondent(s)
Counsel for Petitioner(s) : Akhilesh Kumar Dwivedi
Counsel for Respondent(s) : C.S.C.
Court No. - 37
HON'BLE CHANDRA KUMAR RAI, J.
1. Heard learned Counsel for the petitioner and Mr. Dinesh Kumar
Tiwari, 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
and directing to the respondents to decide the Mutation Case bearing
Case No. 1962 of 2022, Computerized Case No. T202205440101962 (Saroj
Vs. Shambhu Saran), under section 35 of U.P. R.C., pending in the Court
of learned Naib-Tehsildar, Tarya, Tamkuhiraj, District Kushi Nagar."
3. Counsel for the petitioner submitted that mutation proceeding
under Section 35 of U.P. Revenue Code, 2006 is pending before
respondent no.1, Naib Tehsildar, Tarya, Tehsil Tamkuhiraj District
Kushinagar since 2022. He further placed the order sheet of the
pending proceeding in order to demonstrate that matter is not
proceeding according to the provisions contained under the U.P.
Revenue Code, 2006 and the Rules framed thereunder.
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.1, Naib
Tehsildar, Tarya, Tehsil Tamkuhiraj District Kushinagar to consider
and decide the aforementioned proceeding in accordance with law
expeditiously and preferably within a period of two months from the
date of production of certified copy of this order after giving
WRIC No. 33564 of 2026
2
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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