Allahabad High Court

SWAMINATHversusSTATE OF U.P. AND 4 OTHERS

Decided: 17 March 2026
Bench: PRAKASH PADIA

Holding

The Sub‑Divisional Magistrate must decide the case within two months, without unnecessary adjournments, in accordance with law.

Summary

The petitioner, Swaminath, filed a writ petition before the Allahabad High Court seeking a direction to the Sub‑Divisional Magistrate of Tehsil Kasiya, District Kushinagar, to decide a revenue case (Case No. T202605440402536) filed under Section 67‑A of the U.P. Revenue Code, 2006. The petitioner alleged that a considerable period had elapsed without any final decision, amounting to an unreasonable delay. The Court examined the record and found no legal impediment that justified the delay, emphasizing the petitioner’s right to speedy justice. Accordingly, the Court directed the magistrate to decide the case strictly in accordance with law, as expeditiously as possible, preferably within two months. The Court also ordered that no unnecessary adjournments be granted. The petition was disposed with the relief granted.

Issues considered

Whether the Sub‑Divisional Magistrate should be directed to decide the revenue case filed under Section 67‑A of the U.P. Revenue Code, 2006 expeditiously, given the delay.

Legislation cited

U.P. Revenue Code, 2006 — s. 67-A

Subjects

expeditious decision
administrative delay
U.P. Revenue Code
Section 67-A
writ petition
speedy justice

Judgment

                                                  HIGH COURT OF JUDICATURE AT ALLAHABAD
                                                           WRIT - C No. - 10117 of 2026

                                    Swaminath
                                                                                               .....Petitioner(s)
                                                                      Versus

                                    State Of U.P. And 4 Others
                                                                                             .....Respondent(s)

                                    Counsel for Petitioner(s)                  :   Munna Tiwari
                                    Counsel for Respondent(s)                  :   C.S.C., Sudhir Bharti

                                    Court No. - 6
                                                         HON'BLE PRAKASH PADIA, J.

                                    1. Heard learned counsel for the petitioner, learned Standing
                                    Counsel for the respondent-State, Sri Sudhir Bharti, learned
                                    counsel for the respondent no.5 and perused the record.

                                    2. The basic relief sought by the petitioner in the present petition is to
                                    direct the respondent no.3-Sub Divisional Magistrate, Tehsil Kasiya,
                                    District Kushinagar to decide the Case No.T202605440402536 filed
                                    under Section 67-A of the U.P. Revenue Code, 2006 expeditiously.

                                    3.     It is argued by counsel for the petitioner that though a
                                    considerable time has already been lapsed but till date no final
                                    decision has been taken in the matter.

                                    4. In the facts and circumstances of the case, the present petition is
                                    disposed of directing the respondent no.3 to decide the aforesaid
                                    case strictly in accordance with law most expeditiously and preferably
                                    within a period of two months but without granting unnecessary
                                    adjournment unless there is no legal impediment.


                                                                                            (Prakash Padia,J.)
                                    March 18, 2026
                                    Pramod Tripathi




Digitally signed by :-
PRAMOD TRIPATHI
High Court of Judicature at Allahabad

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