Allahabad High Court
SMT. VIMLESH DEVI WIDOWversusSTATE OF U.P. AND 2 OTHERS
- Decided
- Bench
- ARUN KUMAR
Holding
The Court directed the respondent to decide the pending second appeal on admission within two months of the order.
Summary
The petitioner, Smt. Vimlesh Devi, a widow, filed a writ petition seeking a direction to the respondent (a Gram Sabha) to decide a pending Second Appeal No. 375 of 2024, which had remained unadmitted for two years. The petitioner argued that the delay was unjustified and that the appeal needed to be heard promptly. The Court examined whether it could issue a directive to the respondent to adjudicate the pending appeal within a fixed period. It held that the High Court has the authority to ensure timely disposal of pending appeals to prevent undue hardship. Consequently, the Court disposed of the writ petition, directing the respondent to decide the appeal on admission within two months of receiving the certified copy of the order, after hearing the parties.
Issues considered
- Whether the High Court can direct a respondent to decide a pending second appeal within a specified time frame
Subjects
- writ petition
- second appeal
- delay
- direction
- administrative law
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
WRIT - B No. - 1685 of 2026
Smt. Vimlesh Devi Widow
.....Petitioner(s)
Versus
State Of U.P. And 2 Others
.....Respondent(s)
Counsel for Petitioner(s) : Akanksha Mishra
Counsel for Respondent(s) : C.S.C., Sunil Kumar Singh
Court No. - 55
HON'BLE ARUN KUMAR, J.
1. Heard Ms. Akanksha Mishra, learned counsel for the petitioner and
learned Standing Counsel for the respondent nos. 1 and 2. Sri Sunil
Kumar Singh has accepted notice on behalf of respondent no.3.
2. The present writ petition has been filed for a direction upon respondent
no.2 to decide the Second Appeal No.375 of 2024, within a time frame as
fixed by this Court.
3. It is contended by learned counsel for the petitioner that the second
appeal before respondent no.2 is filed by petitioner, who is an old widow.
The contesting respondent Gram Sabha is represented through its counsel
in the aforesaid second appeal. The appeal has not yet been admitted since
two years have lapsed.
4. In view of the aforesaid, this writ petition stands disposed of with a
direction upon the respondent no.2 to decide the aforesaid pending second
appeal on admission, by passing appropriate order, in accordance with
law, after affording opportunity of hearing to the parties concerned,
within a period of two months from the date of presentation of certified
copy of this order.
(Arun Kumar,J.)
April 20, 2026
Anil
Digitally signed by :-
ANIL KUMAR PATEL
High Court of Judicature at Allahabad
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