Allahabad High Court
SMT SANTOSH KUMARI UPADHYAYversusUP ZILADHIKARI SADAR AND 3 OTHERS
- Decided
- Bench
- MANISH KUMAR NIGAM
Holding
The Court held that the writ petition is disposed of and the Sub Divisional Officer must decide the pending application within twelve weeks, without unnecessary adjournments.
Summary
The petitioner, Smt. Santosh Kumari Upadhyay, filed a writ petition seeking a mandamus directing the Sub Divisional Officer, Sadar, Ghazipur, to decide her pending application (No. 13922/2025) for consolidation of two mutation cases involving the same parties and property. The petitioner argued that the application, filed in 2025, remained undecided despite several dates being fixed, causing undue delay. The respondent opposed the petition, but no substantive counter‑argument is recorded. The Court observed that keeping the writ petition pending served no useful purpose and that the appropriate relief was to direct the Sub Divisional Officer to decide the application expeditiously. Accordingly, the petition was disposed of with an order directing the officer to decide the application within twelve weeks, without unnecessary adjournments, after serving all parties.
Issues considered
- Whether a writ of mandamus can be issued directing the Sub Divisional Officer to decide a pending application for consolidation of mutation cases within a specified time frame
Subjects
- writ of mandamus
- administrative law
- mutation case
- consolidation
- expeditious disposal
- sub divisional officer
- high court
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
WRIT - C No. - 15379 of 2026
Smt Santosh Kumari Upadhyay
.....Petitioner(s)
Versus
Up Ziladhikari Sadar And 3 Others
.....Respondent(s)
Counsel for Petitioner(s) : Abhai Singh, Virendra Singh
Counsel for Respondent(s) : C.S.C.
Court No. - 36
HON'BLE MANISH KUMAR NIGAM, J.
1. Heard learned counsel for the petitioner and perused the record.
2. The instant writ petition has been filed for following relief:
" 1) Issue a writ/order or direction in the nature of mandamus commanding
the Sub Divisional Officer, Sadar, Ghazipur to decide the petitioners'
Appliation No. 13922/2025 (Santosh Kumari Upadhyay Vs. Raimuni) for
consolidation of the Case No.10/2017 (Computer Case No.
T20171429601010) (Santosh Vs. Ramkrit) and Case No.3812/2020
(Computer Case No.T202014291003812) (Raimuni Vs. Ramkrit) since both
are mutation cases between same party, same property on the death of Late
Ramkrit father of petitioner, and both be tried and decided in one court,
within any stipulated time as this Hon'ble court may deem fit and proper in
circumstance of the case."
3. Contention of the learned counsel for the petitioner is that aforementioned
application is pending since 2025 and the same has not been decided despite
several dates have been fixed. He prayed that the same may be decided,
expeditiously.
4. In view of above, no useful purpose would be served in keeping this
petition pending.
5. Accordingly, the present petition stands disposed of finally with a
direction to the Sub Divisional Officer, Sadar, Ghazipur to consider and
decide the Application No. 13922/2025, in accordance with law,
WRIC No. 15379 of 2026
2
expeditiously, preferably within a period of twelve weeks from the date of
production of a certified copy of this order after ensuring service upon all the
opposite parties, 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 23, 2026
Nitika Sri.
Digitally signed by :-
NITIKA SRIVASTAVA
High Court of Judicature at Allahabad
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