Allahabad High Court
VINDHYACHALversusSTATE OF U.P. AND 3 OTHERS
- Decided
- Bench
- ASHUTOSH SRIVASTAVA
Holding
The High Court directed the District Magistrate to decide the petitioner's case under Section 27(3) of the U.P. Consolidation of Holdings Act expeditiously, preferably within two months.
Summary
The petitioner filed a writ petition seeking a mandamus directing the District Magistrate of Mau to decide a case filed under Section 27(3) of the Uttar Pradesh Consolidation of Holdings Act. The petitioner alleged that the case had been pending for an inordinate period without resolution. The court examined whether it could compel the magistrate to adjudicate the matter within a specific timeframe. Considering the delay and the innocuous nature of the prayer, the court ordered the magistrate to decide the case expeditiously, preferably within two months, after giving a proper hearing. The order was issued without notice to private respondents and the petition was disposed accordingly.
Issues considered
- Whether the High Court can issue a writ of mandamus directing the District Magistrate to decide a pending case under Section 27(3) of the U.P. Consolidation of Holdings Act within a stipulated period.
Legislation cited
- U.P. Consolidation of Holdings Act — s. 27(3)
Subjects
- writ of mandamus
- administrative law
- delay in adjudication
- U.P. Consolidation of Holdings Act
- District Magistrate
- expeditious disposal
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
WRIT - B No. - 3110 of 2026
Vindhyachal
.....Petitioner(s)
Versus
State Of U.P. And 3 Others
.....Respondent(s)
Counsel for Petitioner(s) : Manoj Kumar Singh, Ram Prasad
Dubey
Counsel for Respondent(s) : C.S.C.
Court No. - 50
HON'BLE ASHUTOSH SRIVASTAVA, J.
Heard learned counsel for the petitioner and learned Standing
Counsel for the State Respondents.
Considering the nature of the order proposed to be passed notice
upon the private respondents is hereby dispensed with.
The limited prayer made by the petitioner in the present writ
petition is for issuance of a Writ of Mandamus directing the
Respondent No. 2, District Magistrate, Mau, to decide the Case
filed by the petitioner under Section 27(3) of U. P. Consolidation of
Holdings Act (Vindhyachal and Others Vs. State of U.P. ) within the
time frame fixed by this Court.
It is contended by learned counsel for the petitioner that petitioner
has filed the case but till date the same has not been brought to its
logical end.
Learned Standing Counsel submits that the case of the petitioner
shall be decided by the respondent within the time frame fixed by
this Court.
Considering the innocuous prayer made by the petitioner for
expeditious disposal of the aforesaid case and also taking into
consideration the fact that case of the petitioner is pending since
long, the writ petition is disposed of by requiring the Respondent
WRIB No. 3110 of 2026
2
No. 2, District Magistrate, Mau, to decide the Case filed by the
petitioner under Section 27(3) of U. P. Consolidation of Holdings
Act (Vindhyachal and Others Vs. State of U.P. ) expeditiously,
preferably within a period of two months, after affording proper
opportunity of hearing to the parties, from the date of service of
certified copy of this order, strictly in accordance with law.
September 23, 2026
pks
(Ashutosh Srivastava,J.)
Digitally signed by :-
PAWAN KUMAR SINGH
High Court of Judicature at Allahabad
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