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2026 DAILYLAW 9384 (ALL)

NIKHIL KUMAR v. SRI JAVED ANSARI, TEHSILDAR- TEHSIL-TAKHA

CAPL/5813/2026 · 2026-09-22

Vikas Budhwar

body2026

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD CONTEMPT APPLICATION (CIVIL) No. - 5813 of 2026 Court No. - 53 HON'BLE VIKAS BUDHWAR, J. 1. The present contempt application has been preferred alleging willful defiance of the order dated 07.11.2025 passed in Writ-C No. 38509 of 2025, order whereof is quoted hereinunder.- "1. This writ petition has been filed with the following prayer:- "i) Issue a writ, order or direction in the nature of mandamus directing to the respondent No. 2/Tehsildar, Tehsil Takha, District- Etawah to decide the mutation Suit No. 2918 of 2025 its computerized No. T202503220602918 (Nikhil Kumar Vs. Smt. Chhallo Devi) under section 34 U.P. Revenue Code, 2006 pending in the court of respondent No. 2/Tehsildar, Tehsil- Takha, District- Etawah, within stipulated time frame fixed by this Hon'ble Court" 2. It is contended by learned counsel for the petitioner that mutation application has been moved in the year 2025 which is 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 Versus Counsel for Applicant(s) : Sunil Kumar Counsel for Opposite Party(s) : Nikhil Kumar .....Applicant(s) Sri Javed Ansari, Tehsildar- Tehsil-Takha .....Opposite Party(s) 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- Tehsildar, Tehsil- Takha, District- Etawah is hereby directed to conclude the proceedings of Mutation Case No. 2918 of 2025, computerized No. T202503220602918 (Nikhil Kumar Vs. Smt. Chhallo Devi) 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." 2. Today, instructions have been produced, according to which, proceedings have been decided on 31.12.2025. A copy of the same be served upon the learned counsel for the applicant. 3. Since there has been substantial compliance, the present contempt application is consigned to record leaving it open to the applicant to question the same before appropriate proceedings. 4. Instructions filed today are taken on record and marked as Appendix 'A'. September 23, 2026 Rajesh CAPL No. 5813 of 2026 2 (Vikas Budhwar,J.) Digitally signed by :- RAJESH KUMAR High Court of Judicature at Allahabad