Allahabad High Court
PARMANAND AND 2 OTHERSversusADDITIONAL CITY MAGISTRATE -II AND 6 OTHERS
- Decided
- Bench
- MANISH KUMAR NIGAM
Holding
The Court directed the respondent magistrate to decide the pending case within six months, thereby granting the relief sought in the writ petition.
Summary
Petitioner Parmanand and others filed a writ petition seeking a mandamus directing the Additional City Magistrate‑II to decide a case pending since 1974 under Section 229B of the Uttar Pradesh Zila Adalat & Land Revenue Act. The petitioners alleged that despite multiple dates being fixed, the case remained undecided, causing undue delay. The Court examined the petition without delving into the merits of the underlying case and found no justification for further postponement. It ordered the respondent magistrate to decide the pending case expeditiously, preferably within six months of receiving a certified copy of the order, after serving all parties and providing a hearing, and barred unnecessary adjournments. The petition was consequently disposed of.
Issues considered
- Whether the High Court can issue a mandamus directing the magistrate to decide a pending case under Section 229B of the U.P. Zila Adalat & L.R. Act.
Legislation cited
- Uttar Pradesh Zila Adalat & Land Revenue Act — s. 229B
Subjects
- mandamus
- delay in adjudication
- Section 229B
- U.P. Zila Adalat & L.R. Act
- writ petition
- expeditious disposal
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
WRIT - C No. - 16370 of 2026
Parmanand And 2 Others
.....Petitioner(s)
Versus
Additional City Magistrate -Ii And 6 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
mandamus commanding the respondent no. 1 to decide Case
No. 239 of 1974, Computerized Case No.
D202514700001743 of 2025, under Section 229B of U.P.Z.A.
& L.R. Act."
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
accordance with law, expeditiously, preferably within a period of
WRIC No. 16370 of 2026
2
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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