Allahabad High Court
GEETA DEVIversusSTATE OF U.P. AND 3 OTHERS
- Decided
- Bench
- CHANDRA KUMAR RAI
Holding
The Court may issue a mandamus directing the administrative authority to decide a pending revenue proceeding expeditiously, without expressing an opinion on the merits.
Summary
The petitioner, Geeta Devi, filed a writ petition seeking a mandamus directing the Tehsildar of Tamkuhiraj, Kushinagar, to decide a pending revenue proceeding (Case No.11936 of 2025) under Section 35 of the U.P. Revenue Code, 2006. The petitioner alleged that the proceeding had been pending since 2025 without expeditious resolution. The Court, after hearing counsel, did not opine on the merits of the underlying revenue dispute but ordered the Tehsildar to conclude the case as soon as possible, preferably within three months of receiving a certified copy of the order, after giving a proper hearing. The direction was issued without expressing any substantive view on the merits, focusing solely on the need for timely adjudication. The petition was consequently disposed with the mandated direction.
Issues considered
- Whether a writ of mandamus can be issued to compel a Tehsildar to decide a pending revenue proceeding under Section 35 of the U.P. Revenue Code, 2006 within a specified time frame.
Legislation cited
- U.P. Revenue Code, 2006 — s. 35
Subjects
- mandamus
- writ petition
- U.P. Revenue Code
- Section 35
- Tehsildar
- expeditious disposal
- administrative law
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
WRIT - C No. - 38740 of 2026
Geeta Devi
.....Petitioner(s)
Versus
State Of U.P. And 3 Others
.....Respondent(s)
Counsel for Petitioner(s) : Anurag Tripathi
Counsel for Respondent(s) : C.S.C.
Court No. - 37
HON'BLE CHANDRA KUMAR RAI, J.
1. Counsel for the petitioner is permitted to correct the array of the parties of
the writ petition during the course of the day.
2. Heard learned counsel for the petitioner and Sri Rajesh Kumar Tiwari,
learned Addl. C.S.C. for the state-respondents.
3. 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, Tamkuhiraj,
Kushinagar to decide the Case No.11936 of 2025
(Computerized Case No.T202505440311936) (Geeta Devi vs.
Dilip and Kumar), within the stipulated period."
4. 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 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.
5. 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 24, 2026
C.Prakash
(Chandra Kumar Rai,J.)
Digitally signed by :-
CHANDRA PRAKASH
High Court of Judicature at Allahabad
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