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Allahabad High Court

SEEMA SRIVATAVAversusSTATE OF U.P. AND 3 OTHERS

Decided

Holding

The court directed the Sub‑Divisional Officer to decide the pending mutation appeal expeditiously, preferably within three months, thereby granting the mandamus relief.

Summary

The petitioner, Seema Srivatava, filed a writ petition seeking a mandamus directing the Sub‑Divisional Officer, Tehsil Sadar, District Jaunpur, to decide a pending mutation appeal (Case No. 10668 of 2025) under Section 35(2) of the U.P. Revenue Code, 2006. The appeal had been pending since 2 January 2025, and the petitioner alleged undue delay. The court, after hearing counsel, did not opine on the merits of the appeal but ordered the respondent to decide the matter expeditiously, preferably within three months of the order, after giving both parties a hearing. The order was signed by Justice Chandra Kumar Rai and the petition was disposed of. No other substantive arguments or precedents were discussed.

Issues considered

  • Whether a writ of mandamus can be issued to compel the Sub‑Divisional Officer to decide a mutation appeal pending under Section 35(2) of the U.P. Revenue Code, 2006 within a reasonable time.

Legislation cited

Subjects

  • mandamus
  • mutation appeal
  • U.P. Revenue Code
  • administrative delay
  • expeditious decision

Judgment

         HIGH COURT OF JUDICATURE AT ALLAHABAD
                      WRIT - C No. - 37156 of 2026

Seema Srivatava
                                                        .....Petitioner(s)
                                 Versus

State Of U.P. And 3 Others
                                                       .....Respondent(s)

Counsel for Petitioner(s)                 :   Kailash Nath Singh
Counsel for Respondent(s)                 :   C.S.C.

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

1. Heard Mr. Kailash Nath Singh, learned counsel for the petitioner

2. The instant petition has been filed for the following relief:-

     "i. Issue a writ, order or direction in the nature of
     Mandamus         commanding          and     directing     the
     Respondent No. 2/Sub-Divisional Officer, Tehsil
     Sadar, District Jaunpur to decide the Case No. 10668
     of 2025 (Computerized Case No. T202514360410668)
     [Seema Vs. Manjila Singh] under Section 35(2) of the
     U.P. Revenue Code, 2006, within stipulated period of
     time as prescribed by this Hon'ble Court;"

3. Learned counsel for the petitioner submitted that the
aforementioned mutation appeal under Section 35 (2) of U.P.
Revenue Code, 2006 filed on behalf of the petitioner is pending
before respondent no.2/Sub-Divisional Officer, Tehsil Sadar,
District Jaunpur since 02.01.2025. He further placed certified copy
of the order sheet, which has been annexed as Annexure No.2 to
the writ petition 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 issue, the present
petition stands disposed of finally directing respondent no.2/Sub-
Divisional Officer, Tehsil Sadar, District Jaunpur to decide the
                                                                                         WRIC No. 37156 of 2026
                                                                  2


                                    aforementioned     mutation       appeal   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 both the parties.
                                    September 24, 2026
                                    PS*

                                                                                    (Chandra Kumar Rai,J.)




Digitally signed by :-
PRITI SHARMA
High Court of Judicature at Allahabad


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