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Allahabad High Court

HARISH CHANDRA RAMKALI CHARITABLE TRUSTversusSTATE OF U.P. AND 3 OTHERS

Decided

Holding

The Court ordered the pending L.A.R. to be decided expeditiously and permitted adjournments only on payment of Rs.250 per adjournment, thereby disposing the writ petition.

Summary

The petitioner, Harish Chandra Ramkali Charitable Trust, filed a writ petition seeking a mandamus directing the Additional District Magistrate/Additional Collector (L.A.) in Ghaziabad to decide L.A.R. No. 18 of 2021 (Raj Kumar Paliwal v. State of U.P. & Others) under Section 64 of the Land Acquisition, Rehabilitation and Resettlement Act, 2013, alleging inordinate delay. The Court examined the order‑sheet of the pending case and noted that a 2021 matter cannot remain pending indefinitely. It directed that the proceedings be concluded expeditiously without unnecessary adjournments, and that any adjournment, if unavoidable, be granted only upon payment of Rs.250 per adjournment. Accordingly, the writ petition was disposed. No costs were awarded.

Issues considered

  • Whether the High Court can issue a mandamus directing the Additional District Magistrate to decide a pending L.A.R. under Section 64 of the Land Acquisition, Rehabilitation and Resettlement Act, 2013.
  • Whether the Court can impose a fee for adjournments to curb delay.

Legislation cited

Subjects

  • writ petition
  • mandamus
  • land acquisition
  • Section 64
  • delay
  • adjournment fee
  • Uttar Pradesh
  • High Court

Judgment

         HIGH COURT OF JUDICATURE AT ALLAHABAD
                           WRIT - C No. - 10421 of 2026

Harish Chandra Ramkali Charitable Trust
                                                                         .....Petitioner(s)
                                        Versus

State Of U.P. And 3 Others
                                                                    .....Respondent(s)

Counsel for Petitioner(s)                        :    Pramod Kumar
Counsel for Respondent(s)                        :    C.S.C., Tejasvi Misra

Court No. - 21
             HON'BLE MAHESH CHANDRA TRIPATHI, J.
             HON'BLE KUNAL RAVI SINGH, J.




1. Heard Shri Pramod Kumar, learned counsel for the petitioner, Shri
Fuzail Ahmad Ansari, learned Standing Counsel for the State-respondents
and Shri Tejasvi Misra, learned counsel for the respondent - Ghaziabad
Development Authority.

2. This writ petition has been filed praying inter alia for the following
relief:

     "I. Issue a writ or order or direction in the nature of mandamus
     commanding and directing the respondent no. 3 to decide the L.A.R. no.
     18 of 2021, (Raj Kumar Paliwal Vs. State of U.P. & Others), Under
     Section Section 64 Land Acquisition, Rehabilitation and Resettlement Act,
     2013 within an stipulated period, which is pending before him since 2021,
     within stipulated period, which is pending before him since 2021.

     II. Issue any other writ, order or direction in favour of the petitioner,
     which this Hon'ble court may deem fit and proper under the facts and
     circumstances of the case.

     III. Award the cost of the petition in favour of the petitioner."

3. Learned counsel for the petitioner, in support of his submissions, has
placed reliance upon the order-sheet of the aforesaid L.A.R. no. 18 of
                                                                                           WRIC No. 10421 of 2026
                                                                   2


                                    2021, (Raj Kumar Paliwal Vs. State of U.P. & Others) and submits that
                                    there has been inordinate delay in disposal of the case. It is, therefore,
                                    prayed that a direction be issued to the respondent No.3 Additional
                                    District Magistrate/ Additional Collector (L.A.) Sichai Ghaziabad,
                                    District Ghaziabad to expedite the proceedings and decide the same
                                    within a stipulated time.

                                    4. We have carefully considered the submissions advanced by learned
                                    counsel for the petitioner and have also perused the order-sheet appended
                                    as Annexure-3 to the writ petition. As the case pertains to the year 2021, it
                                    cannot be permitted to remain pending indefinitely.

                                    5. Accordingly, in the facts and circumstances of the case, it is observed
                                    that the proceedings of the aforesaid case shall be concluded and finalized
                                    expeditiously, without granting unnecessary adjournments. In exceptional
                                    circumstances, if adjournment is unavoidable, the same shall be granted
                                    only upon payment of Rs.250/- per adjournment.

                                    6. With the aforesaid observations, the writ petition stands disposed of.




                                                       (Kunal Ravi Singh,J.) (Mahesh Chandra Tripathi,J.)
                                    March 19, 2026
                                    NLY




Digitally signed by :-
NAND LAL YADAV
High Court of Judicature at Allahabad


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