Satya Prakash Rai Vs State of U.P. and 3 Others — Contempt of Court | Allahabad HC (2025)

Satya Prakash Rai Vs State of U.P. and 3 Others — Contempt of Court | Allahabad HC (2025)

What the court decided

AI extract

Outcome

Writ petition disposed of with a direction to respondent no.2 - Tehsildar, Madhuban, District Mau to conclude mutation Case No.RST1569/2025 (Computerized No.T202515510301569), originally Case No.2105/2024 (Computerised Case No. T202415510302105), under Section 34, U.P. Revenue Code, 2006, within three months from production of a certified copy of the order, strictly in accordance with law, after hearing all affected parties; without adjudication on merits.

Issue for consideration

Whether respondent no.2 - Tehsildar, Madhuban, District Mau should be directed to decide mutation Case No.RST1569/2025 (Computerized No.T202515510301569), originally Case No.2105/2024, under Section 34, U.P. Revenue Code, 2006, expeditiously within a stipulated time. +1 more

Court's answer

Respondent no.2 - Tehsildar, Madhuban, District Mau is directed to conclude the proceedings of Case No.RST1569/2025 (Computerized No.T202515510301569), originally Case No.2105/2024 (Computerised Case No. T202415510302105), under Section 34, U.P. Revenue Code, 2006, positively within three months from the date of production of a certified copy of the order, strictly in accordance with law, after hearing all affected parties.

Ratio / Principle

Each and every Tehsildar and Sub Divisional Officer of the State must immediately comply with the directions issued in the State Government circular dated 09.07.2025; if mutation applications are kept pending and not decided within the time frame provided under that Circular or under the Code, 2006, it would amount to civil contempt under Section 2(e) of the Contempt of Courts Act, 1971, and the officer will be held disobedient of the Court's order and guilty of contempt.

Key takeaways

The Court expressly clarified that it has not adjudicated the matter on merits; the merits of the mutation case remain open before the Tehsildar.obiter¶14

Detailed headnote1 paragraphs

Allahabad High Court (Rohit Ranjan Agarwal, J.; order dated 25.7.2025, WRIT - C No. 24242 of 2025) disposed of a petition by Satya Prakash Rai seeking a mandamus for expeditious decision of a mutation case under Section 34 of the U.P. Revenue Code, 2006 - Case No.RST1569/2025 (Computerized No.T202515510301569), originally Case No.2105/2024 (Satya Prakash vs. Kashi Das Chela) - pending before the Tehsildar, Madhuban, District Mau. Noting that petitions for expediting mutation proceedings were being filed in large numbers, the Court had sought instructions from the State Government and was shown a circular dated 09.07.2025 directing all Collectors to require Tehsildars and Sub Divisional Officers to conclude mutation proceedings within the time period prescribed under the Code. The Court required every Tehsildar and Sub Divisional Officer in the State to comply with the circular immediately and warned that failure to decide mutation applications within the prescribed time frame would amount to civil contempt under Section 2(e) of the Contempt of Courts Act, 1971. The Tehsildar, Madhuban was directed to conclude the pending case positively within three months from production of a certified copy of the order, strictly in accordance with law, after hearing all affected parties. The Court clarified that it had not adjudicated the matter on merits.

Neutral Citation No. - 2025:AHC:122836

Court No. - 34

Case :- WRIT - C No. - 24242 of 2025 Petitioner :- Satya Prakash Rai Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Devid Kumar Singh,Hari Keshav,Prateek Rai Counsel for Respondent :- C.S.C.

Hon'ble Rohit Ranjan Agarwal,J.

This writ petition has been filed with the following prayers:-

"I) ISSUE a writ, order or direction in the nature of mandamus commanding the respondent No.4 to decide the Case No.RST1569/2025 (Computerized No.T202515510301569) (Satya Prakash vs. Kashi Das Chela) original being Case No.2105/2024 (Computerised Case No. T202415510302105) (Satya Prakash, Muhammadabad vs. Kashi Das, Belauli), Pargana-Ghosi, DistrictMau under section 34 of the U.P. Revenue Code, 2006, village Belauli Sonbarasa, Teshsil-Madhuban, District-Mau, expeditiously within stipulated time, pending before him."

It is contended by learned counsel for the petitioner that Case No.RST1569/2025 (Computerized No.T202515510301569), originally being Case No.2105/2024 (Computerised Case No. T202415510302105), under section 34 U.P Revenue Code 2006 is pending consideration before respondent no.2- Tehsildar, Madhuban, District- Mau. Learned counsel for the petitioner submits that the said case may be decided expeditiously.

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.

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.

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.

In view of said fact, respondent no.2-Tehsildar, Madhuban, District- Mau is hereby directed to conclude the proceedings of Case No.RST1569/2025 (Computerized No.T202515510301569), originally being Case No.2105/2024 (Computerised Case No. T202415510302105), under section 34 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.

With the aforesaid directions, writ petition stands disposed of.

It is made clear that this Court has not adjudicated the matter on merits.

Order Date :- 25.7.2025 SK Goswami

Digitally signed by :- SHIVAKANT GOSWAMI High Court of Judicature at Allahabad