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Neutral Citation No. - 2025:AHC:129325
Court No. - 34 Case :- WRIT - C No. - 25297 of 2025 Petitioner :- Smt. Premshila Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Vikas Chauhan Counsel for Respondent :- C.S.C. 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 respondent no.2 to decide the Mutation Case No.435/2024, Computerized Case No.T202405200100435 (Premshila Vs. Ramakant Gupta) under section 34 of U.P. Land Revenue Code, 2006 and mutate the name of the petitioner in the revenue record over the land of Arazi No.2771 area 0.112 hectare situated at Village Bariyarpur, Tola Potarihawa, Post Badahara Babu, Tappa Kachuar, Tehsil and District Deoria in pursuance of the registered gift deed dated 30.12.2023, which is still pending in the court of respondent no.2/Tehsildar, Tehsil and District Deoria since 03.01.2024. II. Issue a writ, order or direction in the nature of mandamus directing the respondent no.2 to reject the objection dated 23.10.2024 filed by respondent no.3 and to mutate the name of petitioner in revenue record in pursuance of registered Gift Deed dated 30.12.2023."
2. It is contended by learned counsel for the petitioner that Mutation Case No.435 of 2024 (Computerized Case No.T202405200100435), under section 34 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. 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-Tehsildar, Tehsil and District Deoria is hereby directed to conclude the proceedings of Mutation Case No.435 of 2024 (Computerized Case No.T202405200100435), 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. Order Date :- 1.8.2025 SK Goswami Digitally signed by :- SHIVAKANT GOSWAMI High Court of Judicature at Allahabad