Allahabad High Court
ASHOK KUMAR SINGHversusSTATE OF UTTAR PRADESH AND 6 OTHERS
- Decided
- Bench
- ANISH KUMAR GUPTA
Holding
The Court declined to grant mandamus and disposed of the petition.
Summary
Ashok Kumar Singh filed a public interest litigation seeking a writ of mandamus directing the Tehsildar of Badlapur to decide a revenue case (Case No. 6174 of 2026) under Section 67 of the Uttar Pradesh Revenue Code, 2006 within three months and to ensure that all proceedings are recorded and signed on the order‑sheet. The petitioner argued that the case was initiated on 2 June 2026, registered on 27 July 2026, and thereafter only dates were fixed without any substantive hearing or the presiding officer’s signature. The State, through the Sub‑Divisional Magistrate, submitted that notices had been issued, the respondent had filed objections on 6 June 2026, and a further hearing was scheduled for 12 September 2026 after a spot inspection, after which a final order would be passed. The Court examined the submissions and found no sufficient ground to interfere with the administrative process or to compel the Tehsildar by mandamus. Consequently, the Court disposed of the petition without granting any relief.
Issues considered
- Whether the High Court should issue a writ of mandamus directing the Tehsildar to decide the revenue case within a specified time‑frame and to ensure proper recording and signing of the order‑sheet.
Legislation cited
- Uttar Pradesh Revenue Code, 2006 — s. 67
Subjects
- Public Interest Litigation
- Mandamus
- Uttar Pradesh Revenue Code
- Section 67
- Administrative Delay
- Order‑sheet
- Tehsildar
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
PUBLIC INTEREST LITIGATION (PIL) No. - 2147 of 2026
Ashok Kumar Singh
.....Petitioner(s)
Versus
State Of Uttar Pradesh And 6 Others
.....Respondent(s)
Counsel for Petitioner(s) : Deepak Upadhyay, Paras Dubey
Counsel for Respondent(s) : Bhupendra Kumar Tripathi, C.S.C.
Court No. - 34
(Sl.No.9) Transfer of Court No.51
HON'BLE ANISH KUMAR GUPTA, J.
1. Instructions supplied by learned Standing Counsel today in Court, are
taken on record.
2. Heard Sri Deepak Upadhyay, learned counsel for the petitioner and Sri
P.K. Chauhan, learned Standing Counsel for the State.
3. The instant petition has been filed with the following prayers:
"I. issue a writ, order or direction in the nature of Mandamus
commanding the Opposite Party No. 4, namely the Tehsildar, Tehsil
Badlapur, District Jaunpur, to decide the Case No. 6174 of 2026,
Computerized Case No. T202614360206174, under Section 67 of the
Uttar Pradesh Revenue Code, 2006, pending before him, within a time-
bound period, preferably within a period of three months.
II. issue a further writ, order or direction commanding the Opposite Party
No. 4 to ensure that the proceedings in the aforesaid case are duly and
properly recorded in the order-sheet and that every effective judicial
proceeding/order is duly authenticated under his signature, in
accordance with law."
4. Learned counsel for the petitioner submits that the instant proceedings
under section 67 of the U.P. Revenue Code, 2006 were initiated on
02.06.2026, which were registered on 27.07.2026. Counsel for the
WPIL No. 2147 of 2026
2
petitioner further submits that since thereafter no further proceedings have
taken place in the matter and merely dates are being fixed, that too,
without the signatures of the Presiding Officer.
5. The Sub-Divisional Magistrate, Badlapur, Jaunpur has submitted the
written instructions, whereby it has been submitted that with regard to
illegal encroachment, the notices have already been issued and the
respondent had already filed his objections on 06.06.2026 and the next
date fixed in the matter is 12.09.2026 and after the spot inspection and
proper hearing, the final order will shall be passed in accordance with
law.
6. In view of the aforesaid instructions, this Court do not find any good
reason to pass any direction as prayed by learned counsel for the
petitioner. Accordingly, the instant petition is Disposed of.
(Anish Kumar Gupta,J.)
September 9, 2026
Ashish Pd.
Digitally signed by :-
ASHISH PRASAD
High Court of Judicature at Allahabad
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