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Neutral Citation No. - 2025:AHC:132351 Court No. - 34 Case :- WRIT - C No. - 26071 of 2025 Petitioner :- Raghu Nishad Respondent :- State Of U.P. And 5 Others Counsel for Petitioner :- Indra Mohan Singh Counsel for Respondent :- C.S.C. Hon'ble Rohit Ranjan Agarwal,J.
1. This writ petition has been filed with the following prayer:-
"(I) issue a writ, order of direction in the nature of mandamus directing the respondent no.2 Naib Tehsildar Tehsil Sahajanva, District Gorakhpur to decide Case No.7097/2024 (Computer Case No.T-202405310607097) Raghu Nishad versus Ajay Nishad & others under Section 34 of the U.P. Revenue Code, 2006 expeditiously, preferable within the time limit specify by this Hon'ble Court;"
2. It is contended by learned counsel for the petitioner that mutation application was moved in the year 2024 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. 7097/2024 (Computer Case No.T-202405310607097) Raghu Nishad versus Ajay Nishad & others 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 :- 6.8.2025 V.S.Singh Digitally signed by :- VIDYA SAGAR SINGH High Court of Judicature at Allahabad