MITHLESH KUMARI AND 3 OTHERS v. STATE OF U.P. AND 3 OTHERS
WRIC/26907/2025 · 2025-08-10
Rohit Ranjan Agarwal
body2025
DailyLaw.ai
[ 2025 DAILYLAW 84001 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 84001 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:135319
Court No. - 34 Case :- WRIT - C No. - 26907 of 2025 Petitioner :- Mithlesh Kumari And 3 Others Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Umesh Vats Counsel for Respondent :- Avinash Chandra Srivastava,C.S.C. Hon'ble Rohit Ranjan Agarwal,J.
1. This writ petition has been filed with the following prayer:-
"A. issue a writ order or direction in the nature of mandamus directing the Sub-Divisional Officer, Etmadpur, Agra to decide the application filed by the petitioners for recording/mutating the names of petitioners over the land of Khasra No.91 area 0.920 hectare, Khasra No.90 area 0.3195 hectare, Khasra No.89 area 0.1150 hectare, Khasra No.90 area 0.0375 hectare, Khasra No.95 area 0.0350 hectare in compliance of the order dated 19.04.2021 and 21.04.2021 passed by Board of Revenue, Circuit Court, Agra."
2. It is contended by learned counsel for the petitioner that mutation application has been filed, which is pending
consideration before respondent no. 3. 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. 3 is hereby directed to conclude the mutation proceedings 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 :- 11.8.2025 V.S.Singh Digitally signed by :- VIDYA SAGAR SINGH High Court of Judicature at Allahabad