Allahabad High Court

SMT. KALAWATI AND ANOTHERversusSTATE OF U.P. AND 8 OTHERS

Decided: 19 April 2026
Bench: MANISH KUMAR NIGAM

Holding

The Court directed the Sub‑Divisional Officer to decide the pending proceeding expeditiously in accordance with the statutory mandate and disposed of the petition.

Summary

The petitioners filed a writ petition seeking a mandamus directing Respondent No.2, the Sub‑Divisional Officer, to decide a land dispute case (No.3540 of 2017) pending under Section 116 of the U.P. Revenue Code, 2006. They argued that the proceedings had been pending since 2017 and that the Sub‑Divisional Officer must decide the matter within the six‑month period prescribed by Sub‑Rule (10) of Rule 109 of the U.P. Revenue Code Rules, 2016. The Court examined the statutory provision requiring an endeavour to decide the suit within six months and found that continued delay served no useful purpose. Accordingly, the Court directed the respondent to decide the pending proceeding expeditiously, without unnecessary adjournments, after giving parties a hearing. The petition was then disposed of.

Issues considered

Whether a writ of mandamus can be issued to compel the Sub‑Divisional Officer to decide a pending revenue suit within the statutory six‑month period.

Legislation cited

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

Subjects

mandamus
writ petition
U.P. Revenue Code
Section 116
Rule 109
sub‑divisional officer
statutory time limit
expeditious disposal

Judgment

HIGH COURT OF JUDICATURE AT ALLAHABAD
WRIT - C No. - 14669 of 2026

Smt. Kalawati And Another
.....Petitioner(s)
Versus

State Of U.P. And 8 Others
.....Respondent(s)

Counsel for Petitioner(s) : Balram Mishra
Counsel for Respondent(s) : C.S.C., Pankaj Kumar Gupta

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 writ, order, or direction in the mandamus directing the respondent
no.2 to decide the case no.3540 of 2017 computer Case
No.T2017176577033540 (Smt. Kalawati Vs. Naresh and others), Under
Section 116 of U.P. Revenue Code 2006 in regard to gata no.78 area
0.100 hectare situated at Village Amilhawa, Pargana Maghar Purab,
Tehsil Mehandawal, District Sant Kabir Nagar within stipulated period
as fixed by this Hon'ble Court within stipulated period as fixed by this
Hon'ble Court."

3. Contention of learned counsel for the petitioner is that the proceedings
under Section 116 of U. P. Revenue Code, 2006 are pending since 2017.
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:
WRIC No. 14669 of 2026
2

(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
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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