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2025 DAILYLAW 71580 (ALL)

ARVIND KUMAR SHAHI v. STATE OF U.P. AND 4 OTHERS

WRIC/23046/2025 · 2025-07-17

Rohit Ranjan Agarwal

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:117091 Court No. - 34 Case :- WRIT - C No. - 23046 of 2025 Petitioner :- Arvind Kumar Shahi Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Omkar Nath Rai Counsel for Respondent :- C.S.C. Hon'ble Rohit Ranjan Agarwal,J. 1. This writ petition has been filed with the following prayer:- "I) A writ order or direction in the nature of mandamus commanding and directing the Respondent no. 2 (Tehsildar, Tehsil-Tamkuhiraj, District Kushinagar) to consider and decide case No. 8101/2023 Computerized Case No. T202305440308101 (Arvind Kumar Shahi Versus Sushil Pandey) under section 35 U.P. Revenue Code 2006. within stipulated period which is pending since 21.09.2023." 2. It is contended by learned counsel for the petitioner that mutation application was moved in the year 2023 which is pending consideration. The sole prayer made in the writ petition is for expeditious disposal of the same. 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 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 Case No. 8101/2023 Computerized Case No. T202305440308101 (Arvind Kumar Shahi Versus Sushil Pandey) 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. Order Date :- 18.7.2025 V.S.Singh Digitally signed by :- VIDYA SAGAR SINGH High Court of Judicature at Allahabad