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Allahabad High Court

SHATRUGHAN MAURYAversusNAGAR PALIKA PARISHAD JAUNPUR AND 2 OTHERS

Decided

Holding

The writ petition is disposed of, with a direction to the Chief Judicial Magistrate to decide the pending appeal within one year, subject to notice and hearing.

Summary

Petitioner Shatrughan Maurya filed a writ petition under Article 227 seeking a direction to the Chief Judicial Magistrate (CJM) of Jaunpur to decide the pending Nagar Palika Appeal No.06/2025 and to protect his houses until that decision is rendered. The petitioner contended that the appeal had been unduly delayed and required expeditious disposal. The respondents, Nagar Palika Parishad Jaunpur and two others, were served notice but did not provide a substantive counter‑argument. The High Court observed that, because the appeal was already pending, the writ petition could not serve any further purpose and therefore disposed of it. The Court directed the CJM to decide the appeal within one year of receiving a certified copy of the order, after serving notice and affording a hearing to all parties.

Issues considered

  • Whether a High Court can issue a writ directing a Chief Judicial Magistrate to decide a pending municipal appeal expeditiously under Article 227.
  • Whether the writ petition is maintainable when the relief sought pertains to a matter already pending before a lower court.

Subjects

  • Article 227
  • Writ petition
  • Chief Judicial Magistrate
  • Municipal appeal
  • Expeditious disposal
  • Protection of property
  • High Court direction

Judgment

                                                    HIGH COURT OF JUDICATURE AT ALLAHABAD

                                                      MATTERS UNDER ARTICLE 227 No. - 3402 of 2026

                                    Shatrughan Maurya
                                                                                                                       .....Petitioner(s)
                                                                                  Versus
                                    Nagar Palika Parishad Jaunpur And 2 Others
                                                                                                                     .....Respondent(s)

                                    Counsel for Petitioner(s)                               :    Mohd. Sarwar Khan
                                    Counsel for Respondent(s)                               :    Sanjay Kumar Upadhyay

                                    Court No. - 5
                                                           HON'BLE MANISH KUMAR NIGAM, J.

                                    1. Heard learned counsel for the parties and perused the record.

                                    2. This writ petition has been filed seeking following relief :-

                                          "1. Direct to the Chief Judicial Magistrate Jaunpur to decide the Nagar Palika Appeal
                                          No.06/2025, Shatrughan Maurya Vs. Nagar Palika Parishad Jaunpur through its
                                          President and others within stipulated period fixed by this Hon'ble Court pending in the
                                          court of Chief Judicial Magistrate Jaunpur.


                                          2. Direct to the Chief Judicial Magistrate Jaunpur to protect the houses in question till
                                          decide the Nagar Palika Appeal No.06/2025, Shatrughan Maurya Vs. Nagar Palika
                                          Parishad Jaunpur through its President pending in the court of Chief Judicial Magistrate
                                          Jaunpur."


                                    3. Learned counsel for the petitioner submitted that the above-mentioned
                                    appeal is pending consideration and the same has not been decided till date.
                                    Learned counsel prayed that the same may be decided, expeditiously.

                                    4. Since the above-mentioned appeal is pending, no useful purpose would be
                                    served in keeping this petition pending.

                                    5. In view of the above, this writ petition stands disposed of with a direction to
                                    the Chief Judicial Magistrate Jaunpur to decide the above-mentioned appeal,
                                    in accordance with law, expeditiously, preferably within one year from the
                                    date of production of a certified copy of this order, after ensuring service of
                                    notice upon all the respondents and providing opportunity of hearing to all the
                                    concerned parties provided there is no other legal impediment.

                                    March 18, 2026
                                    Rishabh
                                                                                                        (Manish Kumar Nigam,J.)




Digitally signed by :-
RISHABH KUMAR
High Court of Judicature at Allahabad


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