JANARDAN RAI @ JANARDAN SINGH v. STATE OF U.P. AND 3 OTHERS
WRIC/30841/2025 · 2025-09-03
Rohit Ranjan Agarwal
body2025
DailyLaw.ai
[ 2025 DAILYLAW 92099 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 92099 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD WRIT - C No. - 30841 of 2025 Court No. - 34 HON'BLE ROHIT RANJAN AGARWAL, J.
1. This writ petition has been filed with the following prayer:-
"I) A writ order or direction in the nature of mandamus commanding and directing the Respondent no. 2 (Tehsildar, Tehsil Tamkuhiraj, District Kushinagar) to consider and decide the Case No. 5659/2024, Computerized Case No.T202405440305659 (Janardan Rai and others Versus Smt. Rumali Devi) under section 35 U.P. Revenue Code 2006. within stipulated period which is pending since 06.06.2024."
2. It is contended by learned counsel for the petitioner that Case No.5659 of 2024 (Computerized Case No.T202405440305659), under section 35 U.P Revenue Code 2006 is pending consideration before respondent no.2- Tehsildar, Tehsil Tamkuhiraj, District Kushinagar. 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 Versus Counsel for Petitioner(s) : Omkar Nath Rai Counsel for Respondent(s) : C.S.C. Janardan Rai @ Janardan Singh .....Petitioner(s) State Of U.P. And 3 Others .....Respondent(s)
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- Tehsildar, Tehsil Tamkuhiraj, District Kushinagar is hereby directed to conclude the proceedings of Case No.5659 of 2024 (Computerized Case No.T202405440305659), under section 35 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. September 4, 2025 SK Goswami WRIC No. 30841 of 2025 2 (Rohit Ranjan Agarwal,J.) Digitally signed by :- SHIVAKANT GOSWAMI High Court of Judicature at Allahabad