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2025 DAILYLAW 72280 (ALL)

SMT. RAJKUMARI DEVI v. TEHSILDAR TEHSIL BALLIA SADAR AND 2 OTHERS

WRIC/22103/2025 · 2025-07-13

Rohit Ranjan Agarwal

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:112354 Court No. - 34 Case :- WRIT - C No. - 22103 of 2025 Petitioner :- Smt. Rajkumari Devi Respondent :- Tehsildar Tehsil Ballia Sadar And 2 Others Counsel for Petitioner :- Sushil Kumar Sharma,Vijay Kumar Tiwari Counsel for Respondent :- C.S.C. Hon'ble Rohit Ranjan Agarwal,J. 1. This writ petition has been filed with the following prayers:- "I. Issue a order or direction, directing to Respondent No. 1/Tehsildar, Tehsil- Ballia Sadar, District-Ballia to decide the suit for division of holding filed by Plaintiff/Petitioner against Respondent No. 2 and 3, in Under Section-34/35 of U.P. Revenue Code 2006, being a Case No. 7983 of 2025 (Computerized Case No. T202515090307983) (Shivkumari Devi Vs. Prasidh Narayan and others), pending before the court of Learned Tehsildar, Tehsil-Ballia Sadar, District-Ballia." 2. It is contended by learned counsel for the petitioner that Case No.7983 of 2025 (Computerized Case No. T202515090307983), under section 34/35 U.P Revenue Code 2006 is pending consideration before respondent no.1- Tehsildar, Tehsil- Ballia Sadar, District- Ballia. 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. 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.1- Tehsildar, Tehsil- Ballia Sadar, District- Ballia is hereby directed to conclude the proceedings of Case No.7983 of 2025 (Computerized Case No. T202515090307983), under section 34/35 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. Order Date :- 14.7.2025 SK Goswami Digitally signed by :- SHIVAKANT GOSWAMI High Court of Judicature at Allahabad