Janardan Rai @ Janardan Singh vs State of U.P. and 3… — Contempt of Court | Allahabad HC (2025)

Janardan Rai @ Janardan Singh vs State of U.P. and 3… — Contempt of Court | Allahabad HC (2025)

What the court decided

AI extract

Outcome

Writ petition disposed of with directions: (i) respondent no. 2 (Tehsildar, Tehsil Tamkuhiraj, District Kushinagar) to conclude Mutation Case No. 5660/2024, Computerized Case No.T202405440305660, within three months from production of a certified copy of the order, strictly in accordance with law, after hearing all affected parties; (ii) every Tehsildar and Sub Divisional Officer in the State to immediately comply with the State Government circular dated 09.07.2025, failing which continued pendency of mutation applications beyond the prescribed time frame would amount to civil contempt under Section 2(e) of the Contempt of Courts Act, 1971.

Issue for consideration

Whether a writ of mandamus should issue commanding respondent no. 2 (Tehsildar, Tehsil Tamkuhiraj, District Kushinagar) to consider and decide Case No. 5660/2024, Computerized Case No.T202405440305660, under section 35 U.P. Revenue Code 2006, pending since 06.06.2024, within a stipulated period.

Court's answer

Respondent no. 2 is directed to conclude the proceedings of Mutation Case No. 5660/2024, Computerized Case No.T202405440305660 (Janardan Rai and others vs. Smt. Rumali Devi) 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 by the State Government (circular dated 09.07.2025); if mutation applications are kept pending and not decided within the time frame provided under the Circular dated 09.07.2025, the Code, 2006, or as directed by this Court, it would amount to civil contempt under Section 2(e) of the Contempt of Courts Act, 1971, and the officer would be held disobedient of the Court's order and guilty of contempt.

Key takeaways

The Court made it clear that it has not adjudicated the matter on merits.ratio¶22

Detailed headnote1 paragraphs

Allahabad High Court (Rohit Ranjan Agarwal, J.) disposed of a writ petition seeking mandamus for time-bound disposal of Mutation Case No. 5660/2024, Computerized Case No.T202405440305660 (Janardan Rai and others Versus Smt. Rumali Devi) under section 35 U.P. Revenue Code 2006, pending since 06.06.2024 before the Tehsildar, Tehsil Tamkuhiraj, District Kushinagar. Taking note of the State Government circular dated 09.07.2025 requiring all Collectors to ensure that Tehsildars and Sub Divisional Officers conclude mutation proceedings within the time prescribed under the Code, the Court directed immediate compliance throughout the State and warned that any mutation application left pending beyond the time fixed by the circular, the Code, 2006, or the Court would amount to civil contempt under Section 2(e) of the Contempt of Courts Act, 1971. The Tehsildar was directed to conclude the pending mutation case positively within three months of production of a certified copy of the order, strictly in accordance with law and after hearing all affected parties. The Court expressly clarified that it had not adjudicated the matter on merits.

HIGH COURT OF JUDICATURE AT ALLAHABAD

WRIT - C No. - 30875 of 2025

Janardan Rai @ Janardan Singh

.....Petitioner(s)

Versus

State Of U.P. And 3 Others

.....Respondent(s)

Counsel for Petitioner(s)	: Omkar Nath Rai
Counsel for Respondent(s)	: C.S.C.

Court No. - 34

HON'BLE ROHIT RANJAN AGARWAL, J.

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

"I) A writ order or direction in the nature of mandamus commanding and directing the Respondent no. 2 (Tehsildar, Tehsil Tamkuhiraj, District Kushinagar) to consider and decide the Case No. 5660/2024, Computerized Case No.T202405440305660 (Janardan Rai and others Versus Smt. Rumali Devi) under section 35 U.P. Revenue Code 2006. within stipulated period which is pending since 06.06.2024.."

2. It is contended by learned counsel for the petitioner that mutation application was moved in the year 2024 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 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

WRIC No. 30875 of 2025

2

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 is hereby directed to conclude the proceedings of Mutation Case No. 5660/2024, Computerized Case No.T202405440305660 (Janardan Rai and others vs. Smt. Rumali 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. September 8, 2025 V.S.Singh

(Rohit Ranjan Agarwal,J.)

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