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HIGH COURT OF JUDICATURE AT ALLAHABAD WRIT - C No. - 32406 of 2025 Court No. - 34 HON'BLE ROHIT RANJAN AGARWAL, J.
1. This writ petition has been filed with the following prayer:-
"a. Issue a Writ, direction in the nature of mandamus directing the respondent No.2/ Tehsildar (Judicial), Tehsil Ballia Sadar, District- Ballia, to decide the mutation Case No. 2839 of 2023, computerized Case No.T202315090302839 (Pratibha Rai Vs Ramsuresh Tiwari) under section 34/35 U.P. Revenue Code, 2006, pending since 02.03.2023 for consideration, as expeditiously as possible within some stipulated period."
2. It is contended by learned counsel for the petitioner that Mutation Case No. 2839 of 2023, computerized Case No.T202315090302839 (Pratibha Rai Vs Ramsuresh Tiwari) under section 34/35 U.P. Revenue Code, 2006 is pending consideration before respondent no.2- Tehsildar (Judicial), Tehsil Ballia Sadar, District-Ballia. 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. Versus Counsel for Petitioner(s) : Ajeet Kumar Singh Counsel for Respondent(s) : C.S.C. Pratibha Rai .....Petitioner(s) State Of U.P. And 2 Others .....Respondent(s)
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- Tehsildar (Judicial), Tehsil Ballia Sadar, District-Ballia is hereby directed to conclude the proceedings of Mutation Mutation Case No. 2839 of 2023, Computerized Case No.T202315090302839 (Pratibha Rai Vs Ramsuresh Tiwari) under section 34/35 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 17, 2025 SK Goswami WRIC No. 32406 of 2025 2 (Rohit Ranjan Agarwal,J.) Digitally signed by :- SHIVAKANT GOSWAMI High Court of Judicature at Allahabad Digitally signed by :- SHIVAKANT GOSWAMI High Court of Judicature at Allahabad