Allahabad High Court
LAL BAHADURversusSTATE OF U.P. AND 3 OTHERS
- Decided
- Bench
- VINOD DIWAKAR
Holding
The Court held that the petitioner is entitled to an expeditious decision of the statutory appeal and directed the Sub‑Divisional Magistrate to decide it within two weeks, issuing a reasoned order.
Summary
The petitioner filed a writ petition seeking a mandamus directing the Sub‑Divisional Magistrate (respondent no.2) to consider and decide a statutory appeal filed on 31‑01‑2026 under Rule 6‑Ka of the U.P. Panchayat Raj (Kutumb Register Anurakshan) Niyamawali, 1970. The appeal arose because a private respondent allegedly forged entries in the Parivar Register, affecting the petitioner's rights, and an inquiry ordered by the magistrate remained pending for over six weeks. The petitioner also alleged a recent firearm assault and urgent need for speedy resolution. The respondent argued that the private party was cooperating and the matter would be disposed of early. The Court held that the grievance was limited to expeditious disposal of the appeal and directed the Sub‑Divisional Magistrate to decide the appeal within two weeks, issuing a reasoned order after hearing all parties.
Issues considered
- Whether the Sub‑Divisional Magistrate should be compelled by a writ of mandamus to decide the statutory appeal within a reasonable time under Rule 6‑Ka of the U.P. Panchayat Raj (Kutumb Register Anurakshan) Niyamawali, 1970.
- Whether the delay in the inquiry and report constitutes a violation of the petitioner's right to timely justice warranting judicial intervention.
- Whether the petitioner's personal safety concerns justify an expedited disposal of the appeal.
Legislation cited
- U.P. Panchayat Raj (Kutumb Register Anurakshan) Niyamawali, 1970 — s. Rule 6‑Ka
Subjects
- writ petition
- mandamus
- statutory appeal
- delay
- Parivar Register
- expeditious disposal
- Sub‑Divisional Magistrate
- Uttar Pradesh
- Panchayat Raj
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
WRIT - C No. - 11538 of 2026
Lal Bahadur
.....Petitioner(s)
Versus
State Of U.P. And 3 Others
.....Respondent(s)
Counsel for Petitioner(s) : Manish Chand Umrao
Counsel for Respondent(s) : C.S.C., Rakesh Kumar Srivastava
Court No. - 37
HON'BLE VINOD DIWAKAR, J.
1. Heard learned counsel for the petitioner, learned counsel appearing for
respondent no.4 and learned Standing Counsel for the State-respondents.
Perused the material available on record.
2. The instant writ petition has been instituted seeking issuance of a writ,
order or direction in the nature of mandamus commanding the respondent
no.2 to consider and decide the statutory appeal preferred by the petitioner
dated 31.01.2026 under Rule 6-Ka of the U.P. Panchayat Raj (Kutumb
Register Anurakshan) Niyamawali, 1970, within a stipulated time frame.
3. Learned counsel for the petitioner submits that respondent no.4 has
fraudulently procured entries in the Parivar Register by incorporating forged
and fabricated particulars, showing his parentage as Nachakau and Smt.
Phoolkali, whereas in fact he is the son of Ramjeet s/o Pachai Patel and Smt.
Ramsakhi. It is contended that such manipulation in the Parivar Register has
serious consequences and affects the rights of the petitioner.
4. Aggrieved thereby, the petitioner preferred a statutory appeal on
31.01.2026 before respondent no.2, who, vide order, directed respondent
no.3 to conduct an inquiry and submit a report within a period of one week.
However, despite lapse of considerable time, the said inquiry report has not
been submitted till date, resulting in inordinate delay in disposal of the
appeal, which has remained pending for more than six weeks. It is thus
urged that the inaction on the part of respondent no.3 has frustrated the
appellate proceedings and warrants interference by this Court.
5. Learned counsel further submits that the petitioner is under grave threat
WRIC No. 11538 of 2026
2
and has allegedly been subjected to a firearm assault by the private
respondent, and is presently undergoing treatment at Swaroop Rani Hospital,
Prayagraj. On account of such exigent circumstances, it is prayed that
appropriate directions be issued to ensure expeditious conclusion of the
proceedings so as to prevent further prejudice to the petitioner.
6. Per contra, learned counsel for respondent no.4 submits that the private
respondent has already appeared and is participating in the proceedings
before the Sub-Divisional Magistrate (respondent no.2), and undertakes to
cooperate in early disposal of the matter.
7. Having considered the submissions advanced by learned counsel for the
parties and keeping in view the nature of the controversy, this Court finds
that the grievance of the petitioner is confined to expeditious disposal of the
statutory appeal, which is pending consideration before the respondent no.2.
The present writ petition is finally disposed of with a direction to respondent
no.2-Sub Divisional Magistrate, Tehsil Karchana, District Prayagraj to
decide the petitioner's appeal, strictly in accordance with law, by means of a
reasoned and speaking order, preferably within a period of two weeks from
the date of production of a certified copy of this order, after affording due
opportunity of hearing to all concerned parties.
April 20, 2026
A. Tripathi
(Vinod Diwakar,J.)
Digitally signed by :-
AKHILESH TRIPATHI
High Court of Judicature at Allahabad
Checking your session…