Allahabad High Court

CHHOTAK @ CHHOTKAN @ VISHAMBHARversusSTATE OF U.P. AND 3 OTHERS

Decided: 19 April 2026
Bench: MANISH KUMAR NIGAM

Holding

The Court ordered the Sub‑Divisional Magistrate to decide the pending suit expeditiously in accordance with Rule 109(10) of the U.P. Revenue Code Rules, 2016, and disposed of the writ petition.

Summary

The petitioner, Chhotak @ Chhotkan Vishambhar, filed a writ petition under Article 226 seeking a mandamus directing the Sub‑Divisional Magistrate of Barhaj, Deoria, to decide a suit filed under Section 116 of the U.P. Revenue Code, 2006, which had been pending since 2025. The petitioner argued that Rule 109(10) of the U.P. Revenue Code Rules, 2016 obliges the Sub‑Divisional Officer to decide such suits within six months and that the delay defeats the purpose of the petition. The Court examined the statutory mandate and found that the delay was unwarranted. It directed the respondent magistrate to decide the pending suit expeditiously, after hearing the parties and without unnecessary adjournments, provided no other legal impediment exists. The petition was thereafter disposed of.

Issues considered

Whether a writ of mandamus can be issued directing the Sub‑Divisional Magistrate to decide a pending suit under Section 116 of the U.P. Revenue Code, 2006 within the period prescribed by Rule 109(10) of the U.P. Revenue Code Rules, 2016.
Whether the petitioner is entitled to relief for the delay in adjudication of the suit.

Legislation cited

U.P. Revenue Code, 2006 — s. 116
U.P. Revenue Code Rules, 2016 — s. Rule 109(10)

Subjects

mandamus
writ petition
U.P. Revenue Code
Section 116
Rule 109
sub‑divisional magistrate
delay in adjudication
expeditious disposal
administrative law

Judgment

HIGH COURT OF JUDICATURE AT ALLAHABAD
WRIT - C No. - 14629 of 2026

Chhotak @ Chhotkan @ Vishambhar
.....Petitioner(s)
Versus

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

Counsel for Petitioner(s) : Dhiraj Singh
Counsel for Respondent(s) : 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-respondents and perused the record.

2. The writ petition has been filed seeking following relief :-

"Issue a Writ, order or direction in the nature of mandamus directing the
Sub Divisional Magistrate Tehsil Barhaj, District-Deoria /respondent No.
2 to decide the Suit No. T202505200403370 (Chhotak @ Chhotkan
Vishambhar vs. Jhabar & others), under section 116 of The U.P. Revenue
Code, 2006, filed by the petitioner, within a stipulated period."

3. Contention of learned counsel for the petitioner is that the proceedings
under Section 116 of U. P. Revenue Code, 2006 are pending since 2025.
It has been further contended by learned counsel for the petitioner that
appropriate directions be issued to respondent no.2 to decide the same
within a stipulated time or in a time frame as may be fixed by this Court.

4. Learned counsel for the petitioner brought attention of the Court to Sub
Rule (10) of Rule 109 of U.P. Revenue Code Rules, 2016,

"Rule 109. Preliminary and Final decrees (Section 117), is quoted as
under:

(10) The Sub-Divisional Officer shall make an endeavour to
decide the suit within the period of six months and if the suit
is not decided within such period, the reason shall be
WRIC No. 14629 of 2026
2

recorded."

5. In view of the provisions as contemplated in Sub Rule (10) of Rule 109
of U.P. Revenue Code, 2016, no useful purpose would be served in
keeping this petition pending.

6. The respondent no. 2 is directed to consider and decide the aforesaid
pending proceeding under Section 116 of U.P. Revenue Code, 2006,
before him, in accordance with law, expeditiously, after giving
opportunity of hearing to the parties concerned as well as opportunity to
lead evidence in support of their case and without granting unnecessary
adjournments to either of the parties provided that there is no other legal
impediment, keeping in view of the mandate of Sub Rule (10) of Rule 109
of U.P. Revenue Code, 2016, quoted above.

7. With these observation, this petition is disposed of.

(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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