Created by Fuzzy Cloud

Allahabad High Court

HARIversusSTATE OF U.P. AND 4 OTHERS

Decided

Holding

The court directed the Sub Divisional Magistrate to decide the case within two months, without unnecessary adjournments.

Summary

Hari filed a writ petition seeking a direction to the Sub Divisional Magistrate (SDM) of Tehsil Kasiya, District Kushinagar, to decide a pending case (No. T202605440402547) filed under Section 67-A of the U.P. Revenue Code, 2006. The petitioner alleged that despite a considerable lapse of time, no final decision had been rendered. The court examined the petition and noted the undue delay in administrative adjudication. It held that the SDM must decide the matter in accordance with law without further unnecessary adjournments. Consequently, the court ordered the SDM to deliver a decision within two months, thereby disposing of the petition.

Issues considered

  • Whether the Sub Divisional Magistrate should be directed to decide the pending revenue case expeditiously?

Legislation cited

Subjects

  • writ petition
  • administrative delay
  • expeditious decision
  • Revenue Code
  • Section 67-A
  • Sub Divisional Magistrate

Judgment

                                                  HIGH COURT OF JUDICATURE AT ALLAHABAD
                                                           WRIT - C No. - 10152 of 2026

                                    Hari
                                                                                               .....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.T202605440402547 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


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

For a signed copy suitable for filing, refer to the court's website.