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2025 DAILYLAW 81350 (ALL)

SMT. BUCHIYA DEVI v. STATE OF U.P. AND ANOTHER

WRIC/25371/2025 · 2025-07-31

Rohit Ranjan Agarwal

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:129421 Court No. - 34 Case :- WRIT - C No. - 25371 of 2025 Petitioner :- Smt. Buchiya Devi Respondent :- State of U.P. and Another Counsel for Petitioner :- Adiba Khatoon,Aditya Kumar Kashyap Counsel for Respondent :- C.S.C. Hon'ble Rohit Ranjan Agarwal,J. 1. This writ petition has been filed with the following prayer:- "Issue a writ, order or direction in nature of mandamus commanding the Tehsildar, Tehsil Jakhaniya, District Ghazipur/Respondent No. 2 to decide the Mutation Case No. 1959 of 2022 (Computerized Case T202214290501959) (Buchiya Vs. Chandrika) under section 34 of U.P. Revenue Code, 2006 pending before him within stipulated period as fixed by this Hon'ble Court." 2. It is contended by learned counsel for the petitioner that mutation application was moved in the year 2022, 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 Mutation Case No. 1959 of 2022 (Computerized Case T202214290501959) (Buchiya Vs. Chandrika) under section 34 of 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 Kushal Digitally signed by :- KUSHAL AGRAWAL High Court of Judicature at Allahabad