Allahabad High Court
RAJENDRA CHAUHANversusSTATE OF U.P. AND 5 OTHERS
- Decided
- Bench
- ARUN KUMAR
Holding
The High Court directed the respondent to fix a hearing date within one month and to dispose of the delay‑condonation application within three months.
Summary
The petitioner filed a writ petition seeking a direction to the second respondent to decide a delay‑condonation application filed in Revision No. 2228 of 2026, which challenges an order of the Additional Commissioner under Section 38 of the U.P. Revenue Code, 2006. The revision was filed belatedly in May 2026, and no hearing date or notice had been issued for the condonation application. The court examined the petitioner's request for a time‑bound direction to the respondent. Finding the prayer innocuous and within the court's jurisdiction, the court ordered the respondent to fix a hearing date within one month of the certified copy of the order and to dispose of the condonation application within three months thereafter. The writ petition was consequently disposed with the said directions.
Issues considered
- Whether the High Court can issue a direction to the respondent to fix a hearing date and dispose of a delay‑condonation application within a specified time frame.
Legislation cited
- U.P. Revenue Code, 2006 — s. 38
Subjects
- writ petition
- delay condonation
- revision
- U.P. Revenue Code
- administrative law
- court direction
- Uttar Pradesh
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
WRIT - B No. - 4420 of 2026
Rajendra Chauhan
.....Petitioner(s)
Versus
State Of U.P. And 5 Others
.....Respondent(s)
Counsel for Petitioner(s) : Mayank Krishna Singh Chandel, Vinod
Kumar Chandel
Counsel for Respondent(s) : C.S.C.
Court No. - 51
HON'BLE ARUN KUMAR, J.
1. Heard learned counsel for the petitioner and learned Standing Counsel for
the respondents State.
2. The present writ petition has been filed for a direction upon respondent
no.2 to decide the delay condonation application filed in Revision No. 2228
of 2026, within a time frame as fixed by this Court.
3. It is contended by learned counsel for the petitioner that a belated revision
was filed by the petitioner challenging the order of the Additional
Commissioner passed in proceedings under Section 38 of the U.P. Revenue
Code, 2006. The said revision was filed in May, 2026. However, till date, no
date has been fixed nor any notices have been issued on the application for
condonation of delay. It is prayed that a suitable direction be issued to the
respondent no.2 to hear and pass necessary orders on the application for
condonation of delay within a time frame as fixed by this Court.
4. In view of the innocuous prayer made by learned counsel for the
petitioner, this writ petition stands disposed of with a direction upon the
respondent no.2 to fix a date in the aforesaid revision for consideration of the
application for condonation of delay, within a period of one month from the
date of presentation of certified copy of this order and ensure that the delay
condonation application is heard and disposed of within a further period of
three months, thereafter.
October 1, 2026
Anil
(Arun Kumar,J.)
Digitally signed by :-
ANIL KUMAR PATEL
High Court of Judicature at Allahabad
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