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2025 DAILYLAW 83776 (ALL)

VINOD KUMAR AND 3 OTHERS v. STATE OF U.P. AND 3 OTHERS

WRIC/27212/2025 · 2025-08-19

Rohit Ranjan Agarwal

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:142323 Court No. - 34 Case :- WRIT - C No. - 27212 of 2025 Petitioner :- Vinod Kumar And 3 Others Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Akhil Kumar Srivastava,Madan Mohan Lal Counsel for Respondent :- C.S.C.,Sunil Kumar Singh Hon'ble Rohit Ranjan Agarwal,J. 1. This writ petition has been filed with the following prayer; "issue writ, order or direction in the nature of mandamus directing the respondent no.2, The Sub Divisional Magistrate, Tehsil Dibai District Bulandshahar and Tehsildar, Tehsil Dibai to mutate the name of the petitioners over the land in dispute half part of arazi no.,85/3+6 situated in village Dauka, Pargana Dibai Tehsil Dibai, District Bulandshahar within stipulated period as fixed by this Hon'ble court." 2. It is contended by learned counsel for the petitioner that mutation proceedings are pending consideration before the respondents. 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 is hereby directed to conclude the proceedings of mutation 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 :- 20.8.2025 Shekhar Digitally signed by :- SHASHI SHEKHAR PANDEY High Court of Judicature at Allahabad