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Allahabad High Court

MANISHA SINGHversusSTATE OF U.P. AND 3 OTHERS

Decided

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 The Court dismissed the petition on the ground that the relief sought was no longer applicable.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

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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