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Allahabad High Court

VIJAY KUMR VATSAversusSTATE OF U.P. AND 11 OTHERS

Decided

Holding

The Court held that the Settlement Officer must be directed to decide the pending appeal expeditiously, preferably within three months, by way of mandamus.

Summary

Petitioner Vijay Kumr Vatsa filed a writ petition seeking a mandamus directing the Settlement Officer of Consolidation, Bijnor to decide a title appeal (Smt. Savitri Devi v. Ajay Kumar Vatsa) that has been pending since 10-12-2025. The petitioner alleged undue delay and attached the order sheet as evidence. The Court, after hearing counsel for both sides, noted the pendency but refrained from commenting on the merits of the appeal. It ordered that the Settlement Officer decide the appeal expeditiously, preferably within three months of the order, after giving both parties a hearing. The petition was therefore disposed of with the direction to the Settlement Officer.

Issues considered

  • Whether a writ of mandamus can be issued to compel the Settlement Officer to decide a pending title appeal within a stipulated time
  • Whether the delay in deciding the appeal violates any statutory duty owed by the Settlement Officer

Subjects

  • mandamus
  • settlement officer
  • title appeal
  • delay
  • expeditious disposal
  • writ petition

Judgment

                                                  HIGH COURT OF JUDICATURE AT ALLAHABAD

                                                              WRIT - B No. - 1908 of 2026

                                    Vijay Kumr Vatsa
                                                                                                         .....Petitioner(s)
                                                                              Versus
                                    State Of U.P. And 11 Others
                                                                                                       .....Respondent(s)

                                    Counsel for Petitioner(s)             :     Brajesh Shukla, Sushil Kumar Shukla
                                    Counsel for Respondent(s)             :     C.S.C.

                                    Court No. - 54
                                                         HON'BLE CHANDRA KUMAR RAI, J.

                                    1.Heard Mr. Brajesh Shukla, learned counsel for the petitioner and Mr.Hari
                                    Mohan, learned Additional Chier Standing Counsel for the State-respondents.

                                    2.The instant petition has been filed for the following relief:-

                                          "i. To Issue a writ, order or direction in the nature of
                                          Mandamus directing the respondent no.2 (Settlement Officer
                                          of Consolidation Bijnor, District Bijnor) to decide the Appeal
                                          vide Appeal No.202554131600000672 (Smt. Savitri Devi Vs.
                                          Ajay Kumar Vatsa and others), within stipulated period fixed
                                          by this Hon'ble Court."

                                    3. Learned counsel for the petitioner submitted that the aforementioned title
                                    appeal filed by private respondents is pending before respondent no.2 since
                                    10.12.2025. He further placed certified copy of the order sheet, which has
                                    been annexed as Annexure No.2 to the writ petition in order to demonstrate
                                    that the case is not proceeding expeditiously.

                                    4. Considering the facts and circumstances of the case, without expressing
                                    any opinion on the merits of the issue, the present petition stands disposed of
                                    finally directing respondent no.2-Settlement Officer of Consolidation, Bijnor to
                                    decide the aforementioned title appeal in accordance with law expeditiously
                                    and preferably within a period of three months from the date of production of
                                    certified copy of this order after giving opportunity of hearing to both the
                                    parties.
                                    May 7, 2026
                                    PS*
                                                                                             (Chandra Kumar Rai,J.)




Digitally signed by :-
PRITI SHARMA
High Court of Judicature at Allahabad


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