Allahabad High Court
REEMA DEVIversusSTATE OF U.P. AND 2 OTHERS
- Decided
- Bench
- CHANDRA KUMAR RAI
Holding
The Court directed the Tehsildar to decide the pending proceeding within three months, without expressing any opinion on the merits of the case.
Summary
The petitioner filed a writ petition under Section 35 of the U.P. Revenue Code, 2006, seeking a mandamus directing the Tehsildar of Kasya, Kushinagar to decide a pending revenue proceeding within a stipulated period. The petitioner alleged that the proceeding was not being conducted expeditiously. The Court, after hearing counsel, did not opine on the merits of the underlying revenue case but ordered the Tehsildar to conclude the proceedings as soon as possible, preferably within three months of receiving the certified copy of the order, after giving a proper hearing to the parties. The direction was issued without expressing any view on the substantive issues of the pending case. The petition was consequently disposed of with the specific directive to the Tehsildar.
Issues considered
- Whether a writ of mandamus can be issued to compel the Tehsildar to decide a pending proceeding under Section 35 of the U.P. Revenue Code, 2006 within a specified time frame
- Whether the delay in the administrative proceeding warrants judicial intervention
Legislation cited
- U.P. Revenue Code, 2006 — s. 35
Subjects
- mandamus
- writ petition
- administrative delay
- Section 35
- U.P. Revenue Code
- expeditious disposal
- Tehsildar
- revenue proceedings
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
WRIT - C No. - 38582 of 2026
Reema Devi
.....Petitioner(s)
Versus
State Of U.P. And 2 Others
.....Respondent(s)
Counsel for Petitioner(s) : Vishwa Nath Pandey
Counsel for Respondent(s) : C.S.C.
Court No. - 37
HON'BLE CHANDRA KUMAR RAI, J.
1. Heard learned counsel for the petitioner and Sri Rajesh Kumar Tiwari,
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,
directing the respondent no.2/ Tehsildar, Kasya, District
Kushinagar and same was registered as Case No.2683/2026
(Computerized Case No.T202605440402683) (Reema Devi vs.
Phuljhari Devi), under Section 35 of the U.P. Revenue Code,
2006, within the stipulated period."
3. Counsel for the petitioner submitted that the aforesaid proceeding under
Section 35 of the U.P. Revenue Code, 2006 is pending before respondent
no.2. 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 Tehsildar/Naib Tehsildar, Kasya, District Kushinagar 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 24, 2026
C.Prakash
(Chandra Kumar Rai,J.)
Digitally signed by :-
CHANDRA PRAKASH
High Court of Judicature at Allahabad
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