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2025 DAILYLAW 101454 (ALL)

RADHEYSHYAM AND 4 OTHERS v. STATE OF U.P. AND ANOTHER

WRIC/34083/2025 · 2025-09-24

Rohit Ranjan Agarwal

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD WRIT - C No. - 34083 of 2025 Court No. - 33 HON'BLE ROHIT RANJAN AGARWAL, J. 1. This writ petition has been filed with the following prayer:- "I. Issue the writ, order or direction in the nature of mandamus commanding the Tehsildar, Tehsil Sadar District Gautam Budh Nagar to decide the application dated 12.07.2025 bearing computerized Case No. 20251114100743000770 Under Section 33 (3) of U.P. Revenue Code, 2006 within stipulated period as fixed by this Hon'ble Court." 2. It is contended by learned counsel for the petitioner that application dated 12.07.2025 bearing Computerized Case No. 20251114100743000770, under Section 33 (3) of U.P. Revenue Code, 2006 is pending consideration. Learned counsel for the petitioner submits that the said application may be decided expeditiously. 3. This Court on 02.07.2025 had required Sri Manish Goyal, learned Additional Advocate General to get instructions from State Government as to why petitions in such a large number are being filed in this Court for expediting mutation proceedings. 4. Pursuant to query made by this Court, learned Additional Advocate General placed before the Court the circular issued by State Government on 09.07.2025 wherein a direction has been issued by State Government to all Collectors of the State requiring Tehsildars and Sub Divisional Officers of the Tehsil and Division to conclude the mutation proceedings within the time period prescribed under the Code. 5. This Court requires that each and every Tehsildar and Sub Divisional Officer of the State should immediately comply the directions issued by Versus Counsel for Petitioner(s) : Atul Kumar Pandey, Vimal Kumar Counsel for Respondent(s) : C.S.C. Radheyshyam And 4 Others .....Petitioner(s) State of U.P. and Another .....Respondent(s) State Government and in case the mutation applications are kept pending and are not decided within the time frame as provided under the Circular dated 09.07.2025 or as provided under the Code, 2006 or directed by this Court, it would amount to civil contempt under Section 2(e) of the Contempt of Courts Act, 1971. Without any further direction, the officer will be held disobedient of the order of this Court and would be guilty of contempt. 6. In view of said fact, Tehsildar, Tehsil Sadar District Gautam Budh Nagar is hereby directed to decide the application dated 12.07.2025 bearing Computerized Case No. 20251114100743000770, under Section 33 (3) of U.P. Revenue Code, 2006, positively within a period of three months, from the date of production of certified copy of this order, strictly in accordance with law, after hearing all the affected parties. 7. With the aforesaid directions, writ petition stands disposed of. 8. It is made clear that this Court has not adjudicated the matter on merits. September 25, 2025 SK Goswami WRIC No. 34083 of 2025 2 (Rohit Ranjan Agarwal,J.) Digitally signed by :- SHIVAKANT GOSWAMI High Court of Judicature at Allahabad