Allahabad High Court
JAWAHAR AND 3 OTHERSversusSTATE OF U.P. AND 7 OTHERS
- Decided
- Bench
- MANISH KUMAR NIGAM
Holding
The Court ordered the Sub‑Divisional Officer to decide the pending restoration application within twelve weeks, thereby granting the writ of mandamus and disposing of the petition.
Summary
The petitioners filed a writ petition seeking a mandamus directing the Sub‑Divisional Officer (SDO) of Sadar Jaunpur to decide a restoration application dated 14‑06‑2019, which had remained pending since 2025 despite several dates being fixed. The petition alleged undue delay and prayed for an expeditious decision. The Court, after hearing counsel, declined to opine on the merits of the restoration application but ordered the SDO to decide the matter within twelve weeks, emphasizing the need to avoid unnecessary adjournments. The order was directed to be served on all parties and a certified copy to be produced. Consequently, the petition was disposed of with the directive to the SDO.
Issues considered
- What is the appropriate judicial remedy for a pending administrative decision on a restoration application?
- Can the High Court issue a mandamus directing the Sub‑Divisional Officer to decide the application within a specified time?
Legislation cited
- Uttar Pradesh Revenue Code, 2006 — s. 144, 209
Subjects
- writ petition
- mandamus
- restoration application
- administrative delay
- Uttar Pradesh Revenue Code
- speedy justice
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
WRIT - C No. - 14627 of 2026
Jawahar And 3 Others
.....Petitioner(s)
Versus
State Of U.P. And 7 Others
.....Respondent(s)
Counsel for Petitioner(s) : Sumit Shukla, Suresh Chandra Shukla
Counsel for Respondent(s) : Bhupendra Kumar Tripathi, C.S.C.
Court No. - 36
HON'BLE MANISH KUMAR NIGAM, J.
1. Heard learned counsel for the petitioner, learned Standing Counsel for the
State and perused the record.
2. The instant writ petition has been filed for the following relief:
"Issue a writ, order or direction in the nature of mandamus commanding
and directing the Sub Divisional officer Sadar Jaunpur to decide the
restoration application dated 14.06.2019 Annexure no. 2 (Jawahar Lal Vs
State) in new computerized case number T202514360433724 under
section, 209 UP (Old Comp. Case No T201814360408663 under Section
144 of U.P. Revenue Code, 2006 which is pending before him within a
stipulated period as directed by this Hon'ble Court in the interest of
justice."
3. Learned counsel for the petitioner states that the aforesaid restoration
application is pending since 2025. It is further contended that several dates
have been fixed but the same has not been decided yet. He prayed that the
same may be decided, expeditiously.
4. No useful purpose would be served in keeping this petition pending.
5. Considering the facts and circumstances of the case, without expressing
any opinion on the merits of the case, the present petition stands disposed of
finally with a direction to Sub Divisional officer Sadar Jaunpur to consider
and decide the aforementioned application, in accordance with law,
expeditiously, preferably within a period of twelve weeks from the date of
WRIC No. 14627 of 2026
2
production of a certified copy of this order after ensuring service upon all the
opposite parties and giving opportunity of hearing to the parties concerned
and without granting unnecessary adjournments to either of the parties
provided that there is no other legal impediment.
(Manish Kumar Nigam,J.)
April 20, 2026
Ved Prakash
Digitally signed by :-
VED PRAKASH SHARMA
High Court of Judicature at Allahabad
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