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Allahabad High Court

ANOOP SINGH TOMARversusSTATE OF U.P. AND 3 OTHERS

Decided

Holding

The writ petition is not maintainable in a mutation proceeding and is dismissed for want of prosecution.

Summary

The petitioner, Anoop Singh Tomar, filed a writ petition (Writ‑C No. 39197 of 2025) challenging a mutation proceeding initiated by the State of U.P. and others. No counsel appeared on behalf of the petitioner during the hearing. The Court observed that writ jurisdiction is generally unavailable for disputes arising out of mutation proceedings, except in rare or exceptional circumstances. Consequently, the petition was deemed non‑maintainable and dismissed for want of prosecution. The Court imposed a cost of Rs. 1,000 on the petitioner and directed that any application for restoration of the petition be entertained only upon proof of payment of the cost.

Issues considered

  • Whether a writ petition is maintainable in a dispute arising out of mutation proceedings

Subjects

  • writ jurisdiction
  • mutation proceedings
  • maintainability
  • civil procedure
  • cost

Judgment

                                                  HIGH COURT OF JUDICATURE AT ALLAHABAD
                                                            WRIT - C No. - 39197 of 2025

                                    Anoop Singh Tomar
                                                                                                  .....Petitioner(s)
                                                                          Versus

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

                                    Counsel for Petitioner(s)                       :   Ulajhan Singh Bind
                                    Counsel for Respondent(s)                       :   C.S.C.

                                    Court No. - 32
                                                   HON'BLE SAURABH SHYAM SHAMSHERY, J.

                                    1. None present for the petitioner.

                                    2. The Court notes that present petition is arising out of a mutation
                                    proceedings, therefore, except in exceptional circumstances, writ is not
                                    maintainable.

                                    3. Dismissed for want of prosecution with a cost of Rs.1,000/-.

                                    4. Registry would accept any application for restoration, if filed, only with
                                    proof of payment of cost.



                                                                                   (Saurabh Shyam Shamshery,J.)
                                    March 19, 2026
                                    A.N. Mishra




Digitally signed by :-
AMARNATH MISHRA
High Court of Judicature at Allahabad


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