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Allahabad High Court

RAJUversusSTATE OF U.P. AND 5 OTHERS

Decided

Holding

The Court directed the Tehsildar to decide the pending revenue case expeditiously, within six months, without expressing any opinion on its merits.

Summary

The petitioner filed a writ petition seeking a mandamus directing the Tehsildar of Tamkuhiraj Tehsil to decide a pending revenue case (Case No. 1219/2024) under Section 35 of the U.P. Revenue Code, 2006. The petitioner alleged undue delay despite several dates being fixed. The Court, after hearing counsel, declined to opine on the merits of the underlying revenue dispute. It ordered the Tehsildar to decide the case expeditiously, preferably within six months of the certified copy of the order, after serving all parties and providing a hearing, and to avoid unnecessary adjournments. The petition was consequently disposed of with the said direction.

Issues considered

  • Whether a writ of mandamus can be issued directing a Tehsildar to decide a pending revenue case within a stipulated time.
  • Whether the petition is maintainable despite not addressing the merits of the underlying case.

Legislation cited

Subjects

  • mandamus
  • U.P. Revenue Code
  • Section 35
  • expeditious disposal
  • administrative law
  • Tehsildar
  • pending revenue case
  • Allahabad High Court

Judgment

    HIGH COURT OF JUDICATURE AT ALLAHABAD
                     WRIT - C No. - 14673 of 2026



Raju
                                                        .....Petitioner(s)
                                    Versus

State Of U.P. And 5 Others
                                                       .....Respondent(s)

Counsel for Petitioner(s)             : Keshawa Prasad Pandey,
                                        Krishna Chandra Pandey
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 and perused the record.

2. The instant writ petition has been filed for the following relief:

       "Issue & writ, order of direction in the nature of mandamus
       directing the Respondent no.2/Tehsildar, Tehsil Tamkuhiraj,
       District   Kushinagar   to     decide   the   Case   of   the
       petitioner/plaintiff i.e., Case No. 1219/2024 (Computerized
       Case No. T202405440301219) (Raju Vs. Sanjeev Gupta and
       others), u/s 35 of U.P. Revenue Code, 2006, pending before
       him, within three months."

3. Learned counsel for the petitioner states that the aforesaid case
under Section 35 of the U.P. Revenue Code, 2006 is pending
since 2024. 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
                                                                                           WRIC No. 14673 of 2026
                                                                  2


                                        expressing any opinion on the merits of the case, the present
                                        petition stands disposed of finally with a direction to respondent
                                        No. 2 to consider and decide the aforementioned case, in
                                        accordance with law, expeditiously, preferably within a period of
                                        six months from the date of 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.




                                        April 20, 2026                        (Manish Kumar Nigam,J.)
                                        Ved Prakash




Digitally signed by :-
VED PRAKASH SHARMA
High Court of Judicature at Allahabad


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