Allahabad High Court
KAILASH AND ANOTHERversusSTATE OF U.P. AND 2 OTHERS
- Decided
- Bench
- PRAKASH PADIA
Holding
The revenue officials must decide the mutation case within the statutory period prescribed by sub‑rule (7) of Rule 34, unless a legal impediment exists.
Summary
The petitioners filed a writ petition seeking a directive to the Tehsildar, Tehsil and District of Deoria to decide a mutation case (Case No. 7799 of 2021) under Sections 34 and 35 of the Uttar Pradesh Revenue Code, 2006, within the time limits prescribed by sub‑rule (7) of Rule 34 of the Uttar Pradesh Revenue Code Rules, 2016. The petitioners argued that the statutory time‑frames of 45 days for undisputed cases and 90 days for disputed cases had elapsed without a final decision. The Court noted that the order sought is purely administrative and that notifying the opposite party would not serve any useful purpose, though the right to seek modification was reserved. Relying on the explicit language of sub‑rule (7), the Court held that the authorities must decide the case unless a legal impediment exists. Consequently, the writ petition was disposed of with a directive to the revenue officials to render a decision within the prescribed period. The order was dated 18 March 2026 and signed by Justice Prakash Padia.
Issues considered
- Whether the Tehsildar, Tehsil and District authorities are mandated to decide a mutation case within the time limits prescribed under sub‑rule (7) of Rule 34 of the U.P. Revenue Code Rules, 2016.
- Whether the court can issue a writ directing the revenue officials to comply with the statutory time‑bound requirement.
Legislation cited
- Uttar Pradesh Revenue Code, 2006 — s. 34, 35
- Uttar Pradesh Revenue Code Rules, 2016 — s. Rule 34(7)
Subjects
- writ petition
- mutation
- U.P. Revenue Code
- time‑bound decision
- administrative law
- section 34
- section 35
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
WRIT - C No. - 7855 of 2026
Kailash And Another
.....Petitioner(s)
Versus
State Of U.P. And 2 Others
.....Respondent(s)
Counsel for Petitioner(s) : Amitesh Pati Tripathi,
Shivanand Mani Tripathi
Counsel for Respondent(s) : C.S.C.
Court No. - 6
HON'BLE PRAKASH PADIA, J.
1. Heard learned counsel for the petitioners and perused the
record.
2. In view of the order proposed to be passed herein, no useful
purpose would be served by putting the opposite party to notice
and keeping this petition pending before this Court. However, in
case the opposite party feels aggrieved by the order his/her right
to seek modification/variation of the order is being kept reserved.
3. The basic relief sought by the petitioners in the present writ
petition is to direct the Tehsildar, Tehsil and District Deoria to
decide the Case No.7799 of 2021 (Computerized Case
No.T202105200107799) under Section 34/35 of U.P. Revenue
Code, 2006 within stipulated period.
4. It is argued by the counsel for the petitioners that as per
provisions contained under sub-rule (7) of Rules 34 of the U.P.
Revenue Code Rules, 2016, such kind of applications should be
decided within a time bound period. Sub Rule (7) of Rules 34
reads as follows:-
"(7). The Tahsildar shall make an endeavor to decide 20 the
undisputed case of mutation within the period of 45 days
from the date of the registration of the case and the disputed
case of mutation within the period of 90 days and if the
proceeding is not concluded within such period the reason
for the same shall be recorded."
5. It is further argued that though the aforesaid period has already
been lapsed but till date no final decision has been taken in the
matter, hence the present writ petition.
6. In the facts and circumstances of the case, the present writ
petition is disposed of finally directing the Tehsildar, Tehsil and
WRIC No. 7855 of 2026
2
District Deoria to decide the aforesaid case as per the provisions
contained under sub-rule (7) of Rules 34 of the U.P. Revenue
Code Rules, 2016, unless there is no legal impediment.
(Prakash Padia,J.)
March 18, 2026
Swati
Digitally signed by :-
SWATI PATHAK
High Court of Judicature at Allahabad
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