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Allahabad High Court

PARMANAND AND 2 OTHERSversusADDITIONAL CITY MAGISTRATE -II AND 5 OTHERS

Decided

Holding

The Court directed the respondent magistrate to decide the pending case within six months, thereby disposing of the petition.

Summary

Petitioner Parmanand and others filed a writ petition seeking a mandamus directing the Additional City Magistrate to decide a case (No. 240 of 1974) pending under Section 229-B of the Uttar Pradesh Zoning and Land Revenue Act. The petition alleged that despite multiple dates being fixed, the case remained undecided for decades. The Court, after hearing counsel, noted that keeping the petition pending served no useful purpose. Without addressing the merits of the underlying case, the Court ordered the respondent magistrate to decide the matter expeditiously, preferably within six months of the certified copy of the order, after proper service and hearing, and to avoid unnecessary adjournments. The petition was thus disposed with the directive.

Issues considered

  • Whether the High Court can issue a mandamus directing a magistrate to decide a pending case under Section 229-B of the U.P. Zoning and Land Revenue Act.

Legislation cited

  • U.P. Zoning and Land Revenue Act — s. 229-B

Subjects

  • writ petition
  • mandamus
  • delay in adjudication
  • Section 229-B
  • Uttar Pradesh Zoning and Land Revenue Act
  • expeditious disposal

Judgment

    HIGH COURT OF JUDICATURE AT ALLAHABAD
                    WRIT - C No. - 16369 of 2026



Parmanand And 2 Others
                                                     .....Petitioner(s)
                               Versus

Additional City Magistrate -Ii And 5 Others
                                                     .....Respondent(s)

Counsel for Petitioner(s)         : Rakesh Kumar Gupta
Counsel for Respondent(s)         : Bhupendra Kumar Tripathi,
                                    C.S.C.

Court No. - 36


           HON'BLE MANISH KUMAR NIGAM, J.

1. Heard learned counsel for the parties, learned Standing
Counsel for the State and perused the record.

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

     "To issue a writ, order or direction in the nature of the
     respondent no. 1 to decide Case No. 240 of 1974, mandamus
     commanding Case Computerized No. D202514700001743 of
     2025, under section 229B of U.P.Z.A. & L.R. Acts."

3. Learned counsel for the petitioner states that the aforesaid case
under Section 229-B of the U.P.Z.A. & L.R. Act is pending since
1974. 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. 1 to consider and decide the aforementioned case, in
                                                                                           WRIC No. 16369 of 2026
                                                                  2


                                        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.




                                        May 6, 2026                           (Manish Kumar Nigam,J.)
                                        Ved Prakash




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

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