Allahabad High Court
JAI PRAKASH KESARWANIversusTHE STATE OF U.P. AND 3 OTHERS
- Decided
- Bench
- SIDDHARTH NANDAN
Holding
The Court directed the Commissioner, Prayagraj Division, to decide the pending stamp appeal within two months, without expressing any opinion on the merits.
Summary
Petitioner Jai Prakash Kesarwani filed a writ petition seeking a mandamus directing the Commissioner of Prayagraj Division to decide Stamp Appeal No. 1535 of 2025, filed under Section 56(1) of the Indian Stamp Act, 1899, within a short period. The Court noted that the Standing Counsel for the State had no objection to an expeditious decision. It held that keeping the petition pending would serve no useful purpose and therefore disposed of the writ, issuing a direction that the Commissioner decide the appeal within two months of service of the order, provided no other legal impediment exists. The Court expressly refrained from commenting on the merits of the appeal and emphasized that the decision must be made in accordance with law and natural justice. The petition was thus disposed with the said direction.
Issues considered
- What is the appropriate relief, if any, that a High Court can grant to compel a revenue officer to decide a pending stamp appeal expeditiously?
- Whether a writ of mandamus is maintainable in the present circumstances under Section 56(1) of the Indian Stamp Act, 1899.
Legislation cited
- Indian Stamp Act, 1899 — s. 56(1)
Subjects
- mandamus
- stamp duty
- Indian Stamp Act
- Section 56
- expeditious decision
- natural justice
- writ petition
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
WRIT - C No. - 10853 of 2026
Jai Prakash Kesarwani
.....Petitioner(s)
Versus
The State Of U.P. And 3 Others
.....Respondent(s)
Counsel for Petitioner(s) : Vindhyachal Singh
Counsel for Respondent(s) : C.S.C.
Court No. - 38
HON'BLE SIDDHARTH NANDAN, J.
1. Heard Shri Vindhyachal Singh, learned counsel for the petitioner and
learned Standing Counsel for the State-respondents.
2. The present writ petition has been filed seeking the following main
relief:
"[A] To issue a writ, order or direction in the nature of mandamus
commanding and directing to the respondent no.2, the Commissioner,
Prayagraj Division, Prayagraj to decide the Stamp Appeal No. 1535 of
2025 (Computerized Case No. C202502000001535); Jai Prakash
Kesarwani Vs. State of U.P., which is pending before him, expeditiously
within a short span of time."
3. This Court, vide its previous order dated 23.03.2026, had sought
instructions from the learned Standing Counsel.
4. Learned counsel for the petitioner submits that his only prayer is to get
the Stamp Appeal No. 1535 of 2025 (Jai Prakash Kesarwani Vs. State of
U.P), pending under Section 56(1) of the Indian Stamp Act, 1899, decided
expeditiously, to which the learned Standing Counsel has no objection.
5. In view of the aforesaid facts, this court finds that no useful purpose
would be served in keeping the aforesaid writ petition pending, and
accordingly, in view of the aforesaid facts, the present writ petition is
being disposed off with a direction upon Respondent No.2-
Commissioner, Prayagraj Division, Prayagraj, to decide the aforesaid
WRIC No. 10853 of 2026
2
appeal expeditiously, preferably within a period of two months, from the
date of service of a certified copy of this order, in case there is no other
legal impediment.
6. However, it is made clear that this court has not expressed any opinion
on the merits of the case and Respondent no.2 shall decide the appeal of
the petitioner strictly, in accordance with law, adhering to the principles
of natural justice.
7. With the aforesaid observations and directions, the writ petitions is
disposed off.
(Siddharth Nandan,J.)
May 6, 2026
Sumit K.
Digitally signed by :-
SUMIT KUMAR
High Court of Judicature at Allahabad
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