SUBHAWATI AND ANOTHER v. STATE OF U.P. AND 6 OTHERS
WRIC/26927/2025 · 2025-08-10
Rohit Ranjan Agarwal
body2025
DailyLaw.ai
[ 2025 DAILYLAW 85055 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 85055 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC:135277
Court No. - 34 Case :- WRIT - C No. - 26927 of 2025 Petitioner :- Subhawati And Another Respondent :- State Of U.P. And 6 Others Counsel for Petitioner :- Rishikesh Pati Tripathi Counsel for Respondent :- 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 court of Tehsildar, Tehsil Tamkuhiraj, District Kushiangar to decide the mutation application no. 2025518900958000383, application no. 2025518900958000386 and application no. 20018925004300 (Shubhawati Devi and Another Vs. Kusumi) filed by the petitioner on the basis of the inheritance as well as case no. 6299/2024 Vinod Kumar and Others Vs. Kusumi computerized case по. T202405440306299, computerized case no. T20245440306300 Vinod Vs. Kusumi, Case No. 6301 of 2024 Vinod Kumar and Others Vs. Kusmawati @ Kusmi computerized case no. T20240544306301, Case No. 6302 of 2024 Vinod Kumar and Others Vs. Kusmi computerized case no. T202405440306302 under section 35 of U.P. Revenue Code 2006."
2. It is contended by learned counsel for the petitioner that mutation applications are 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. 4 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