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Allahabad High Court

JAINATHversusSTATE OF U.P. AND 6 OTHERS

Decided

Holding

The Court directed the Settlement Officer to decide the stay application within one month and disposed of the writ petition without addressing its merits.

Summary

The petitioner filed a writ petition seeking a mandamus directing the Settlement Officer of Consolidation, Kirtapur, Jaunpur (respondent No.2) to decide a stay application dated 27.01.2026, filed in Appeal No. 147/2024-25 under Section 21(2) of the U.P. Consolidation of Holdings Act, within a stipulated period to avoid irreparable loss. The standing counsel for the state raised no objection to an order for early disposal of the pending stay application. The High Court, noting that continued delay served no useful purpose, ordered the respondent to decide the stay application strictly in accordance with law, preferably within one month of the certified copy of the order. No observations were made on the merits of the underlying stay application. The writ petition was consequently disposed of.

Issues considered

  • Whether the High Court can issue a mandamus directing the Settlement Officer to decide a pending stay application within a specific time frame
  • Whether such direction is necessary to prevent irreparable loss to the petitioner

Legislation cited

Subjects

  • writ petition
  • mandamus
  • stay application
  • expeditious disposal
  • Settlement Officer
  • U.P. Consolidation of Holdings Act

Judgment

             HIGH COURT OF JUDICATURE AT ALLAHABAD

                             WRIT - B No. - 1161 of 2026

Jainath
                                                                     .....Petitioner(s)
                                       Versus
State Of U.P. And 6 Others
                                                                   .....Respondent(s)

Counsel for Petitioner(s)                           :      Ram Sagar Yadav
Counsel for Respondent(s)                           :      C.S.C.

Court No. - 54
                       HON'BLE DINESH PATHAK, J.

1. Heard learned counsel for the parties.

2. Instant writ petition has been filed, inter alia, seeking the following
reliefs:-

      "(i) Issue a writ, order or direction in the nature of mandamus
      commanding the respondent no. 2 to decide the Stay
      Application dated 27.01.2026 filed by the petitioner Appeal No.
      147/2024-25 under Section 21(2) U.P.C.H. Act Rejesh Vs.
      Rakesh and others in stipulated period and further directed till
      the disposal of the stay application/appeal parties maintain
      status quo shall suffer irreparable loss and injury.

      (ii) Issue any other such, order of direction which this Hon'ble
      Court may deem fit and proper in the facts and circumstances
      of the case.

      (iii) Award the cost of this petition to the Petitioner."

3. Learned Standing Counsel has no objection in case a direction is issued
for early disposal of the stay application filed by the petitioner, which is
pending before the respondent No. 2.

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
Settlement Officer of Consolidation, Kirtapur, Jaunpur (Respondent no.2) to
decide the aforesaid stay application strictly in accordance with law,
                                                                                                WRIB No. 1161 of 2026
                                                                     2


                                    expeditiously, preferably, within a period of one month 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


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