Allahabad High Court
KRISHNA KUMAR SAHU AND ANOTHERversusCHAIRMAN NAGAR PALIKA PRARISHAD AND ANOTHER
- Decided
- Bench
- ROHIT RANJAN AGARWAL
Holding
The High Court directed the Chief Judicial Magistrate to decide the pending municipal appeal within three months and disposed of the writ petition without reaching the merits.
Summary
Petitioners Krishna Kumar Sahu and another filed a writ petition under Article 227 seeking a direction to the Chief Judicial Magistrate, Ghazipur, to decide Miscellaneous Municipal Appeal No. 2434 of 2024, filed under Section 160 of the U.P. Municipal Act, 1916, within a time‑bound period. The petition also contained a second prayer for the trial of the same matter, which the petitioner later withdrew, confining the relief sought to the pending appeal. The High Court, noting that no further purpose would be served by keeping the petition pending, disposed of it at the admission stage without calling for a counter‑affidavit or issuing notice to private respondents. The Court directed the lower authority to decide the municipal appeal in accordance with law, after hearing all affected parties, preferably within three months of the order. It was expressly stated that the Court did not adjudicate the merits of the underlying dispute.
Issues considered
- What jurisdiction does the High Court have under Article 227 to direct a lower authority to decide a pending municipal appeal expeditiously?
- Whether the withdrawal of the second prayer affects the disposal of the writ petition.
Legislation cited
- U.P. Municipal Act, 1916 — s. 160
Subjects
- Article 227
- writ petition
- expeditious disposal
- municipal appeal
- U.P. Municipal Act
- procedural direction
- jurisdiction
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
MATTERS UNDER ARTICLE 227 No. - 12200 of 2026
Krishna Kumar Sahu And Another
.....Petitioner(s)
Versus
Chairman Nagar Palika Prarishad And Another
.....Respondent(s)
Counsel for Petitioner(s) : Santosh Kumar Jaiswal
Counsel for Respondent(s) : Awadhesh Kumar Malviya
Court No. - 9
HON'BLE ROHIT RANJAN AGARWAL, J.
1. This writ petition has been filed with the following prayer:-
"i). issue, an order or direction to the Prescribed Authority/Chief Judicial
Magistrate, Ghazipur to decide the Misc. Municipal Appeal No. 2434 of
2024 (Krishna Kumar Sahu and another Vs. Chairman, Nagar Palika
Parishad, Ghazipur and another) U/S 160 of U.P. Municipal Act, 1916
expeditiously/within time bound period.
ii). issue, an order or direction to the Prescribed Authority/Chief Judicial
Magistrate, Ghazipur to conclude the trial U/S 160 of U.P. Municipal
Act, 1916 (Krishna Kumar Sahu and another Vs. Chairman, Nagar
Palika Parishad, Ghazipur and another) expeditiously/within time bound
period."
2. Learned counsel for petitioner, at the very outset, states that he is not
pressing the second prayer made in the writ petition and is only confining for
deciding the Misc. Municipal Appeal No. 2434 of 2024, which is pending
before court below.
3. As no useful purpose would be served in keeping the matter pending, the
writ petition is being disposed of, at the admission stage, without calling for
counter affidavit or issuing notice to private respondents, with a direction
upon court concerned to decide the Misc. Municipal Appeal No. 2434 of
2024 (Krishna Kumar Sahu and another vs. Chairman, Nagar Palika
Parishad, Ghazipur and another), in accordance with law, after hearing all
affected parties, preferably within a period of three months from the date of
A227 No. 12200 of 2026
2
production of certified copy of this order.
4. With the aforesaid directions, writ petition stands disposed of.
5. It is made clear that this Court has not adjudicated the matter on merits.
(Rohit Ranjan Agarwal,J.)
September 8, 2026
(V. S. SINGH)
Digitally signed by :-
VIDYA SAGAR SINGH
High Court of Judicature at Allahabad
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