Neutral Citation No. - 2025:AHC:12851 Court No. - 34 Case :- WRIT - C No. - 36696 of 2024 Petitioner :- Lajja Devi Respondent :- State Of Up And 6 Others Counsel for Petitioner :- Dinesh Kumar Counsel for Respondent :- C.S.C. Hon'ble Brij Raj Singh,J. 1. Learned counsel for petitioner is permitted to implead "Tehsildar, Tehsil Puwayan, District Shahjahanpur" as respondent in the array of the parties. 2. Heard learned counsel for petitioner and Sri Abhishek Shukla, learned Additional Chief Standing Counsel for the State-opposite parties no.1 to 3A. 3. In view of the order proposed to be passed, issuance of notice to opposite party no.4 to 7 is dispensed with. 4. The present petition has been filed with a limited prayer for issuance of a writ in the nature of Mandamus commanding and directing opposite party no.2 to decide application of the petitioner dated 05.07.2024 regarding land of Khata No.124, Gata No.22, measuring Area 1.5430 hectare situated at Village Padariya Dalelpur, Pargana & Tehsil Puvayan, District Shahjahanpur, within a stipulated period. 5. On perusal of record, it appears that petitioner is aggrieved for the reason that his name has not been recorded in revenue record, therefore, he has moved an application before Tehsildar, Tehsil Puwayan, District Shahjahanpur, but that application has not been filed as per prescribed format and he has sent registered application on 05.07.2024. 6. Learned counsel for the petitioner submits that the power to mutate on the basis of succession flows from under Section 33 of the U.P. Revenue Code, 2006 and is to be exercised in the manner prescribed by Section 35. It is further guided by Rule 34 (7) of the U.P. Revenue Code Rules, 2016, which reads as under:- "Rule 34. Issue of Proclamation [Section 35(1)]. (1) x x x x (2) x x x x (3) x x x x (4) x x x x (5) x x x x (6) x x x x (7) The Tahsildar shall make an endeavour to decide 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. (8) x x x x" 7. (8) x x x x" 7. Learned Additional Chief Standing Counsel does not dispute the aforesaid legal position. 8. Writ petition is accordingly disposed of with a direction to opposite party no.3A, Tehsildar, Tehsil Puwayan, District Shahjahanpur, in case, petitioner moves application for recording his name in prescribed format within two weeks from today, the same will be decided, in accordance with law, after hearing all parties concerned. Order Date :- 24.1.2025 Atul Digitally signed by :- ATUL KUMAR SRIVASTAVA High Court of Judicature at Allahabad