Allahabad High Court
DAYARAMversusSTATE OF U.P. AND 10 OTHERS
- Decided
- Bench
- DINESH PATHAK
Holding
The Court directs the Deputy Director of Consolidation to decide the pending recall application within five months, thereby granting the writ of mandamus.
Summary
The petitioner, Dayaram, filed a writ petition seeking a mandamus directing the Deputy Director of Consolidation, Mirzapur, to decide a pending recall application (RST/1087/2025) filed under Section 48 of the Uttar Pradesh Consolidation of Holdings Act. The petitioner argued that the authority had unduly delayed the decision, violating the statutory time‑limit. The standing counsel for the petitioner raised no objection to the issuance of such a direction. The High Court, without delving into the merits of the recall application, ordered the Deputy Director to decide the matter expeditiously, within five months of the certified copy of the order, and disposed of the writ petition. The order emphasizes prompt adjudication and prohibits unnecessary adjournments.
Issues considered
- Whether the court can issue a writ of mandamus compelling the Deputy Director of Consolidation to decide the recall application under Section 48 of the Uttar Pradesh Consolidation of Holdings Act within a stipulated period
Legislation cited
Subjects
- writ petition
- mandamus
- administrative law
- recall application
- Uttar Pradesh Consolidation of Holdings Act
- expeditious disposal
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
WRIT - B No. - 1135 of 2026
Dayaram
.....Petitioner(s)
Versus
State Of U.P. And 10 Others
.....Respondent(s)
Counsel for Petitioner(s) : Mamta Tiwari, Vivek Kumar
Tiwari
Counsel for Respondent(s) : C.S.C., Pradeep Singh
Court No. - 54
HON'BLE DINESH PATHAK, J.
1. Heard learned counsel for the petitioner, learned Standing
Counsel and perused the record.
2. The instant writ petition has been filed, inter alia, seeking the
following reliefs:-
"Issue a writ, order or direction in the nature of
mandamus commanding the respondent no.2-
Deputy Director of Consolidation, Mirzapur to
decide the Recall Application No. RST/1087/2025
Dated 12.10.2021, filed by the petitioner in Case
No. 365 of 2021 (Dayaram and others Versus
Mangari Devi and others), under Section 48 of
Uttar Pradesh Consolidation of Holdings Act
within stipulated period."
3. Learned Standing Counsel submits that he has no objection, if
a direction is issued to decide the aforesaid case, expeditiously.
4. In this conspectus as above, no useful purpose would be served
to keep this matter pending, therefore, this Court deems it
appropriate to finally dispose of the present writ petition, without
making any observation on the merits of the case, as mentioned in
the writ petition, with a direction to Deputy Director of
Consolidation, Mirzapur (Respondent no.2) to decide the
aforesaid case strictly in accordance with law, by means of a
WRIB No. 1135 of 2026
2
reasoned and speaking order, after affording opportunity of
hearing to the parties concerned and without granting any
unnecessary adjournments to either of the parties expeditiously,
preferably, within a period of five months from the date of
production of certified copy of this order.
5. With the aforesaid direction, this petition is finally disposed
of.
March 19, 2026
Neetu
(Dinesh Pathak,J.)
Digitally signed by :-
NEETU SINGH
High Court of Judicature at Allahabad
Checking your session…