Janki Vs State of Uttar Pradesh and 2 Others — Contempt of Court | Allahabad HC (2025)

Janki Vs State of Uttar Pradesh and 2 Others — Contempt of Court | Allahabad HC (2025)

What the court decided

AI extract

Outcome

Respondent no.2 directed to conclude Mutation Case No. 1433 of 2022 (Computerized Case No. T202217170110610) positively within three months from production of the certified copy of the order, strictly in accordance with law, after hearing all affected parties.

Issue for consideration

Whether respondent no.2 should be directed to decide the pending mutation Case No. 1433 of 2022 (computerised case no. T202217170110610) expeditiously within a stipulated time.

Court's answer

Respondent no.2 is directed to conclude the proceedings of Mutation Case No. 1433 of 2022 (Computerized Case No. T202217170110610) positively within a period of three months from the date of production of the certified copy of the order, strictly in accordance with law, after hearing all the affected parties.

Ratio / Principle

Each and every Tehsildar and Sub Divisional Officer of the State must immediately comply with the directions issued by the State Government; mutation applications kept pending and not decided within the time frame fixed by the Circular dated 09.07.2025, by the Code, 2006, or by this Court would amount to civil contempt under Section 2(e) of the Contempt of Courts Act, 1971, and without further direction such officer would be held disobedient of the Court's order and guilty of contempt.

Key takeaways

With the aforesaid directions the writ petition stands disposed of, and the Court expressly clarifies that it has not adjudicated the matter on merits.ratio¶14

Detailed headnote1 paragraphs

Single-bench order of the High Court of Judicature at Allahabad (Rohit Ranjan Agarwal, J.) disposing of Writ - C No. 26870 of 2025 (Janki v. State of U.P. and 2 others), which sought a mandamus for expeditious disposal of Mutation Case No. 1433 of 2022 (computerised case no. T202217170110610), filed under '34 of Land Revenue Act' (caption Smt. Poonam Devi v. Bhagauti) and pending before respondent no.2 since 2022. After the Court's 02.07.2025 query, the Additional Advocate General produced a State Government circular dated 09.07.2025 requiring Collectors, Tehsildars and Sub Divisional Officers to conclude mutation proceedings within the prescribed time. The Court directed respondent no.2 to conclude the case within three months of production of the certified copy, strictly in accordance with law and after hearing all affected parties, and warned that failure by any Tehsildar or Sub Divisional Officer to decide mutation applications within the circular, the Code, 2006, or the Court's time frames would amount to civil contempt under Section 2(e) of the Contempt of Courts Act, 1971. The Court expressly stated it had not adjudicated the matter on merits.

Neutral Citation No. - 2025:AHC:135461

Court No. - 34

Case :- WRIT - C No. - 26870 of 2025

Petitioner :- Janki Respondent :- State Of Uttar Pradesh And 2 Others Counsel for Petitioner :- Ram Mani Upadhyay,Vivek Chaturvedi Counsel for Respondent :- C.S.C.

Hon'ble Rohit Ranjan Agarwal,J.

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

"i. Issue a writ, order or direction in the nature of mandamus commanding the respondent no.2 to decide the case no. 1433 of 2022, computerized case по. T202217170110610, under 34 of Land Revenue Act (Smt. Poonam Devi Vs. Bhagauti) filed by respondent no.3, pending before it expeditiously within stipulated time as prescribed by this Hon'ble Court."

It is contended by learned counsel for the petitioner that mutation application was moved in the year 2022 which is pending consideration. The sole prayer made in the writ petition is for expeditious disposal of the same.

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 is hereby directed to conclude the proceedings of Mutation Case No. 1433 of 2022, Computerized Case Nо. T202217170110610 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 :- 11.8.2025 V.S.Singh

Digitally signed by :- VIDYA SAGAR SINGH High Court of Judicature at Allahabad