Allahabad High Court
MANISHA SINGHversusSTATE OF U.P. AND 3 OTHERS
- Decided
- Bench
- INDRAJEET SHUKLA
Holding
The petition is dismissed as infructuous because the appeal sought to be compelled has already been decided.
Summary
The petitioner, Manisha Singh, filed a writ petition seeking a mandamus directing the Settlement Officer Consolidation, Azamgarh to decide Appeal No.1407/5415600002968 under Section 11(1) of the U.P. Consolidation of Holdings Act within a specific time. The State’s standing counsel informed the Court that the appeal had already been decided by an order dated 07‑11‑2025. The Court noted that since the appeal was already disposed, there was no pending matter for the Settlement Officer to adjudicate. Consequently, the writ petition was deemed infructuous. The Court dismissed the petition on the ground that the relief sought was no longer applicable.
Issues considered
- Whether the High Court can issue a mandamus directing the Settlement Officer to decide an appeal that has already been decided
Legislation cited
- U.P. Consolidation of Holdings Act — s. 11(1)
Subjects
- mandamus
- writ petition
- infructuous
- U.P. Consolidation of Holdings Act
- appeal adjudication
- time‑bound order
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
WRIT - B No. - 3080 of 2025
Manisha Singh
.....Petitioner(s)
Versus
State Of U.P. And 3 Others
.....Respondent(s)
Counsel for Petitioner(s) : Kshama Singh, Yashwant Singh
Counsel for Respondent(s) : C.S.C.
Court No. - 1
HON'BLE INDRAJEET SHUKLA, J.
1. List has been revised. None has responded on behalf of petitioner.
2. By means of present writ petition, petitioner has prayed for issuance of
writ in the nature of Mandamus commanding the respondent no.2-
Settlement Officer Consolidation, Azamgarh to decide the Appeal
No.1407/5415600002968 (Anil Vs. Arvind and others) under Section 11(1)
of U.P. Consolidation of Holdings Act within some specific time bound
period.
3. Today, Sri Sanjay Kumar Ray, learned Standing Counsel for the State
informs that the said appeal itself has been decided vide order dated
07.11.2025. The instructions placed by learned Standing Counsel are marked
as 'X' and retained on record.
4. In view of the decision having been already taken by concerned
Settlement Officer Consolidation vide order dated 07.11.2025, nothing
survives for any further adjudication by this Court and instant writ petition
itself has rendered infructuous.
5. In view of the aforesaid factual position, this writ petition is dismissed as
infructuous.
May 8, 2026
Mohit
(Indrajeet Shukla,J.)
Digitally signed by :-
MOHIT KUMAR KUSHWAHA
High Court of Judicature at Allahabad
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