AVINASH KUMAR CHAUBEY v. STATE OF U.P. AND 3 OTHERS
WRIC/34192/2025 · 2025-09-24
Rohit Ranjan Agarwal
body2025
DailyLaw.ai
[ 2025 DAILYLAW 101964 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 101964 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD WRIT - C No. - 34192 of 2025 Court No. - 33 HON'BLE ROHIT RANJAN AGARWAL, J.
1. This writ petition has been filed with the following prayers:-
"Issue a writ, order or direction in the nature of Mandamus directing the Tehsildar Deoria, District Deoria / respondent no. 2, to decide the Mutation case number 13371 of 2024 computer case no. T202405200113371 (Avinash Kumar Chaubey versus Markandey Chaubey), under section 34 of U.P. Revenue code, 2006 pending before him, within a stipulated period as fixed by this Hon'ble Court."
2. It is contended by learned counsel for the petitioner that Mutation Case No. 13371 of 2024 [Computerized Case No. T-202405200113371], under Section 34 of U.P Revenue Code, 2006 is pending consideration. Learned counsel for the petitioner submits that the said case 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. Versus Counsel for Petitioner(s) : Gyanu Shukla Counsel for Respondent(s) : C.S.C. Avinash Kumar Chaubey .....Petitioner(s) State Of U.P. And 3 Others .....Respondent(s)
5. This Court requires that each and every Tehsildar and Sub Divisional Officer of the State should immediately comply the directions issued by 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, respondent no.2 is hereby directed to conclude the proceedings of Mutation Case No. 13371 of 2024 [Computerized Case No. T-202405200113371] (Avinash Kumar Chaubey Vs.
Markandey Chaubey), filed under Section 34 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 Shekhar WRIC No. 34192 of 2025 2 (Rohit Ranjan Agarwal,J.) Digitally signed by :- SHASHI SHEKHAR PANDEY High Court of Judicature at Allahabad