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Allahabad High Court

PRATAP BAHADURversusSTATE OF U.P. AND 4 OTHERS

Decided

Holding

The court held that it may issue a direction to the respondent to decide the pending stay application within a fixed period to ensure timely justice.

Summary

The petitioner filed a writ petition seeking a direction to the second respondent to decide a stay application that was filed along with Revision No. 847 of 2026, which had remained pending since February 2026. The petitioner alleged that the delay in deciding the stay was affecting his peaceful possession of property. The court examined the prayer and the circumstances surrounding the pending stay application. It concluded that the court could issue a procedural direction to the respondent to decide the stay application within a reasonable time. Accordingly, the petition was disposed with an order directing the respondent to decide the stay application within two months of the certified copy of the order.

Issues considered

  • Whether the High Court can direct the respondent to decide a pending stay application within a specified time period

Subjects

  • stay application
  • revision
  • writ petition
  • procedural direction
  • timely disposal
  • court order

Judgment

                                             HIGH COURT OF JUDICATURE AT ALLAHABAD

                                                           WRIT - B No. - 3610 of 2026

                                    Pratap Bahadur
                                                                                                   .....Petitioner(s)
                                                                       Versus
                                    State Of U.P. And 4 Others
                                                                                                 .....Respondent(s)

                                    Counsel for Petitioner(s)          :   Raj Kumar Dhama, Shantanu
                                    Counsel for Respondent(s)          :   Bhupendra Kumar Tripathi, C.S.C.

                                    Court No. - 51
                                                          HON'BLE ARUN KUMAR, J.

                                    1. Supplementary affidavit filed today is taken on record.

                                    2. Heard learned counsel for the petitioner and learned Standing Counsel for
                                    the State respondents.

                                    3. The present petition has been filed seeking a direction to the respondent
                                    no. 2 to decide the stay application filed alongwith Revision No. 847 of
                                    2026 within a specific period as fixed by this Court.

                                    4. It is contended by the learned counsel for the petitioner that the
                                    petitioner filed a revision against the order passed by respondent no.3, which
                                    is pending since February, 2026. Petitioner has also filed a stay application
                                    with the aforesaid petition, which has not been considered so far.
                                    Submission is that in the garb of orders passed the revenue authorities, the
                                    contesting respondents in the revision are interfering in the peaceful
                                    possession of the petitioner. Therefore, a suitable direction be issued for
                                    deciding the stay application.

                                    5. Having considered the prayer made on behalf of the petitioner and the
                                    considering the facts and circumstances, the present petition is disposed of
                                    with a direction to the respondent no. 2 to decide the stay application filed
                                    in the aforementioned revision, in accordance with law, within a period of
                                    two months from the date of presentation of a certified copy of this order.

                                    September 14, 2026
                                    Ashok Kr.
                                                                                                 (Arun Kumar,J.)




Digitally signed by :-
ASHOK KUMAR
High Court of Judicature at Allahabad


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