Anup Kumar Jaiswal Vs State of U.P. and 2 Others — Contempt of Court | Allahabad HC (2025)

Anup Kumar Jaiswal Vs State of U.P. and 2 Others — Contempt of Court | Allahabad HC (2025)

What the court decided

AI extract

Outcome

Mandamus/direction issued to respondent No. 2 to conclude Mutation Case No. 02050 of 2019 (Computerized Case No. T201905310702050) within three months from production of a certified copy of the order, strictly in accordance with law, after hearing all affected parties; writ petition otherwise disposed of without adjudication on merits.

Issue for consideration

Whether respondent No. 2 should be directed by writ of mandamus to decide the pending Mutation Case No. 02050 of 2019 under S. 34, U.P. Revenue Code, 2006, within a stipulated period fixed by the Court.

Court's answer

Every Tehsildar and Sub Divisional Officer must immediately comply with the State Government's directions (circular dated 09.07.2025); if mutation applications are kept pending beyond the time frame under the Circular, the Code of 2006, or this Court's directions, it would amount to civil contempt under Section 2(e) of the Contempt of Courts Act, 1971, rendering the officer disobedient of the Court's order and guilty of contempt.

Ratio / Principle

Respondent No. 2 was directed to conclude the proceedings of Mutation Case No. 02050 of 2019, Computerized Case No. T201905310702050 (Anup Kumar Jaiswal vs. Gulab Chandra Gupta).

Key takeaways

The mutation case was to be concluded 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¶14
The Court clarified that it had not adjudicated the matter on merits; the writ petition stood disposed of with the aforesaid directions.obiter¶16

Detailed headnote1 paragraphs

Allahabad High Court (Rohit Ranjan Agarwal, J.) disposed of a writ petition under Article 226 jurisdiction seeking mandamus for expeditious disposal of Mutation Case No. 02050 of 2019, Computerized Case No. T201905310702050 (Anup Kumar Jaiswal vs. Gulab Chandra Gupta) under S. 34, U.P. Revenue Code, 2006, pending since 2019. Noting the State Government circular dated 09.07.2025 requiring Collectors, Tehsildars and Sub Divisional Officers to conclude mutation proceedings within the prescribed time period, the Court directed respondent No. 2 to decide the mutation case positively within three months from production of a certified copy of the order, strictly in accordance with law and after hearing all affected parties. The Court further warned that keeping mutation applications pending beyond the time frame under the Circular dated 09.07.2025, the U.P. Revenue Code, 2006, or the Court's directions would amount to civil contempt under Section 2(e) of the Contempt of Courts Act, 1971. The Court expressly clarified that it had not adjudicated the matter on merits.

Neutral Citation No. - 2025:AHC:142189

Court No. - 34

Case :- WRIT - C No. - 27147 of 2025

Petitioner :- Anup Kumar Jaiswal Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Sunil Kumar Tiwari,Vikash Kumar Tiwari

Counsel for Respondent :- C.S.C.

Hon'ble Rohit Ranjan Agarwal,J.

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

"(a) Issue a writ order or direction in the nature of mandamus directing the respondent No. 2 to decide the Mutation Case No. 02050 of 2019, Computerized Case No. T201905310702050 (Anup Kumar Jaiswal Vs. Gulab Chandra Gupta) U/s 34 of U.P. Revenue Code, 2006 within stipulated period fixed by this Hon'ble Court."

It is contended by learned counsel for the petitioner that mutation application was moved in the year 2019 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. 02050 of 2019, Computerized Case No. T201905310702050 (Anup Kumar Jaiswal Vs. Gulab Chandra Gupta) 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 :- 20.8.2025 V.S.Singh

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