Allahabad High Court
RAJESH KUMARversusSTATE OF U.P. AND 2 OTHERS
- Decided
Holding
The Court directed the Commissioner to decide the pending revision within one month, without expressing any view on its merits.
Summary
Petitioner Rajesh Kumar, owner of a pickup vehicle seized while allegedly transporting a cow for slaughter, challenged the District Magistrate's confiscation order under Section 5-A(7) of the Uttar Pradesh Prevention of Cow Slaughter Act, 1955. He filed Revision No. 146/2026 before the Commissioner, Azamgarh Division, invoking Section 5-A(8) of the same Act. The writ petition sought a mandamus directing the Commissioner to decide the revision expeditiously. The High Court, without addressing the merits of the confiscation, ordered the Commissioner to decide the pending revision within one month, provided no legal impediment existed. Consequently, the writ petition was disposed.
Issues considered
- Whether the Commissioner, Azamgarh Division, can be compelled by mandamus to decide a pending revision under Section 5-A(8) of the Uttar Pradesh Prevention of Cow Slaughter Act, 1955, expeditiously
- Whether any legal impediment exists to directing such expeditious disposal
Legislation cited
- Uttar Pradesh Prevention of Cow Slaughter Act, 1955 — s. 5-A(7), 5-A(8)
Subjects
- cow slaughter
- vehicle confiscation
- mandamus
- revision
- expeditious disposal
- Uttar Pradesh Prevention of Cow Slaughter Act
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. WRIT PETITION No. - 21149 of 2026
Rajesh Kumar
.....Petitioner(s)
Versus
State Of U.P. And 2 Others
.....Respondent(s)
Counsel for Petitioner(s) : Anurag Upadhyay
Counsel for Respondent(s) : G.A.
Court No. - 73
HON'BLE SANDEEP JAIN, J.
The instant writ petition has been filed for the following reliefs:-
"(a) Issue a writ, order or direction in the nature of mandamus commanding the
Commissioner, Azamgarh Division, Azamgarh (respondent no.2) to decide the
revision No.146/2026 (Computerized Case No.C202615000000146), Rajesh Kumar
vs. District Magistrate Ballia, under Section 5-A(8) of Uttar Pradesh Prevention of
Cow Slaughter Act,1955, pending in his Court expeditiously, preferably within a
period as prescribed by this Hon'ble Court."
Learned counsel for the petitioner submits that the petitioner is the
registered owner of pickup vehicle bearing registration no. UP-54-BT-
1213, which was allegedly intercepted on 23.01.2025 while being used
for transporting one cow for the alleged purpose of slaughter, in violation
of the provisions of the Uttar Pradesh Prevention of Cow Slaughter Act,
1955.
It is further submitted that, in exercise of the powers conferred under
Section 5-A(7) of the Uttar Pradesh Prevention of Cow Slaughter Act,
1955, the District Magistrate, Ballia, by order dated 22.07.2025, has
confiscated the aforesaid vehicle in favour of the State. Aggrieved by the
said order of confiscation, the petitioner has preferred Revision No. 146
of 2026, (Computer Case No.C202615000000146), Rajesh Kumar v.
District Magistrate, Ballia, under Section 5-A(8) of the Uttar Pradesh
Prevention of Cow Slaughter Act, 1955, before the Commissioner,
Azamgarh Division, Azamgarh, which is stated to be pending
CRLP No. 21149 of 2026
2
consideration.
Learned counsel for the petitioner submits that the aforesaid revision may
be directed to be decided expeditiously within a stipulated period.
In view of the aforesaid submissions, without expressing any opinion on
the merits of the controversy, the Commissioner, Azamgarh Division,
Azamgarh, is directed to consider and decide the aforesaid revision, in
accordance with law, expeditiously, preferably within a period of one
month from the date of production of a certified copy of this order before
him, provided there is no legal impediment in doing so.
With the aforesaid direction, the writ petition stands disposed of.
(Sandeep Jain,J.)
September 18, 2026
Himanshu
Digitally signed by :-
HIMANSHU YADAV
High Court of Judicature at Allahabad
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