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Allahabad High Court

GANESHversusSTATE OF U.P. AND 4 OTHERS

Decided

Holding

The Sub‑Divisional Magistrate must decide the pending revenue case within two months, absent any legal impediment.

Summary

Ganesh 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 pending revenue case (No. T202605440402549) filed under Section 67‑A of the U.P. Revenue Code, 2006. The petitioner alleged that an inordinate delay had occurred and no final decision had been rendered. The Court examined the record and noted that such delay contravenes the principle of speedy justice and the statutory duty of the magistrate to adjudicate expeditiously. Consequently, the Court ordered the magistrate to decide the case strictly in accordance with law within two months, barring unnecessary adjournments unless a legal impediment exists. The relief was granted and the petition was disposed.

Issues considered

  • Whether the High Court can direct a Sub‑Divisional Magistrate to decide a pending case under Section 67‑A of the U.P. Revenue Code, 2006 expeditiously
  • Whether the delay in adjudication violates the principles of natural justice and the duty of speedy disposal

Legislation cited

Subjects

  • expeditious disposal
  • writ petition
  • administrative law
  • U.P. Revenue Code
  • Section 67-A
  • natural justice

Judgment

                                                  HIGH COURT OF JUDICATURE AT ALLAHABAD
                                                           WRIT - C No. - 10173 of 2026

                                    Ganesh
                                                                                               .....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.T202605440402549 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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