Allahabad High Court
SHIV PUJANversusSTATE OF U.P. AND 5 OTHERS
- Decided
- Bench
- MANISH KUMAR NIGAM
Holding
The Court ordered the Sub‑Divisional Officer to decide the pending restoration application within twelve weeks, without expressing any view on the merits.
Summary
The petitioner, Shiv Pujan, filed a writ petition seeking a mandamus directing the Sub‑Divisional Officer, Shahganj, to decide a restoration application pending since August 2025 under sections 209h and 24 of the U.P. Revenue Code, 2006. The petitioner argued that multiple dates had been fixed but the matter remained undecided, causing undue delay. The Court, after hearing counsel, observed that keeping the petition pending served no useful purpose and chose not to opine on the merits of the underlying case. It therefore disposed of the petition, directing the respondent (the SDO) to decide the pending application expeditiously, preferably within twelve weeks of the certified copy of the order, after service and hearing. The order was signed on 20 April 2026 by Justice Manish Kumar Nigam.
Issues considered
- Whether the High Court can issue a writ of mandamus directing the Sub‑Divisional Officer to decide a pending restoration application within a stipulated time.
Legislation cited
- U.P. Revenue Code, 2006 — s. 209h, 24
Subjects
- mandamus
- writ petition
- restoration application
- U.P. Revenue Code
- administrative delay
- sub‑divisional officer
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
WRIT - C No. - 14677 of 2026
Shiv Pujan
.....Petitioner(s)
Versus
State Of U.P. And 5 Others
.....Respondent(s)
Counsel for Petitioner(s) : Anil Kumar Tiwari
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 a writ, order or direction in the nature Mandamus directing the
Sub Divisional Officer, Shahganj, District-Jaunpur to decide the
recall/restoration application filed by petitioner registered as
computerized case No.T202514360117734 (Shiv Pujan Vs. Sharda and
others) under section 209h of U.P. Revenue Code, 2006 in computerized
case No.T202414360105114 (Babban Vs. Jagarnath and others) under
section 24 of U.P. Revenue Code, 2006, which is pending since 1.8.2025
within stipulated period."
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 respondent No. 2 to consider and decide the
aforementioned application, in accordance with law, expeditiously,
preferably within a period of twelve weeks from the date of production of a
WRIC No. 14677 of 2026
2
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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