Allahabad High Court
SMT. SAROJversusSTATE OF U.P. AND 2 OTHERS
- Decided
- Bench
- CHANDRA KUMAR RAI
Holding
The Court granted mandamus, directing the Settlement Officer to decide the pending appeal within three months.
Summary
The petitioner, Smt. Saroj, filed a writ petition under Article 226 seeking a writ of mandamus to compel the Settlement Officer (respondent No.2) to decide Appeal No.525/1090/0801 of 2025 filed under Section 11(1) of the Uttar Pradesh Consolidation of Holdings Act, 1953. The appeal had been pending since 27 June 2025 without any decision, prompting the petitioner to allege undue delay. The Court examined whether the statutory provision allows the issuance of mandamus to enforce a timely decision. Without delving into the merits of the underlying appeal, the Court held that the Settlement Officer must decide the appeal expeditiously. Accordingly, the petition was disposed with an order directing the respondent to render a decision within three months of receiving a certified copy of the order, after giving a proper hearing.
Issues considered
- Whether a writ of mandamus can be issued to compel the Settlement Officer to decide an appeal filed under Section 11(1) of the U.P. Consolidation of Holdings Act, 1953 within a reasonable time.
Legislation cited
Subjects
- mandamus
- writ petition
- delay in adjudication
- U.P. Consolidation of Holdings Act
- administrative law
- expeditious disposal
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
WRIT - B No. - 2177 of 2026
Smt. Saroj
.....Petitioner(s)
Versus
State Of U.P. And 2 Others
.....Respondent(s)
Counsel for Petitioner(s) : Jai Prakash Mishra, Vishal Kumar Mishra
Counsel for Respondent(s) : C.S.C.
Court No. - 54
HON'BLE CHANDRA KUMAR RAI, J.
1. Heard Sri Jai Prakash Mishra, learned counsel for the petitioner and Sri
Tarun Gaur, learned standing counsel for the state-respondent.
2. The instant writ petition has been filed, seeking a writ of mandamus,
commanding respondent no.2 to decide Appeal No.525/1090/0801 of 2025
(Saroj vs. Ved Prakash and Another), under Section 11(1) of the U.P.
Consolidation of Holdings Act, 1953, within the stipulated time.
3. Counsel for the petitioner states that the appeal under Section 11(1) of the
U.P. C.H. Act filed by the petitioner against the order dated 5.6.2025 is
pending before respondent no.2/Settlement Officer of Consolidation,
Azamgarh since 27.6.2025. He placed the grounds of appeal as well as the
order-sheet of the pending proceeding, 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 case, this petition is disposed of with the
direction to respondent no.2 to decide the aforesaid proceedings to its logical
conclusion, as expeditiously as possible, preferably within a period of 3
months, from the date of production of a certified copy of this order before the
authority concerned, after affording proper opportunity of hearing to the parties
concerned, in accordance with law.
May 15, 2026
C.Prakash
(Chandra Kumar Rai,J.)
Digitally signed by :-
CHANDRA PRAKASH
High Court of Judicature at Allahabad
Checking your session…