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Allahabad High Court

SMT. DURGAWATIversusSTATE OF U.P. AND 14 OTHERS

Decided

Holding

The Court held that it may issue a mandamus directing the Chief Revenue Officer to decide the pending revenue case within six months, without expressing any opinion on the merits.

Summary

The petitioner, Smt. Durgawati, filed a writ petition seeking a mandamus directing the Chief Revenue Officer (CRO) of Azamgarh to decide a pending revenue case (Case No. 4698/2025) under Section 38(2) of the U.P. Revenue Code, 2006, which had been delayed since 2025. The petitioner argued that multiple dates had been fixed but the case remained undecided, requesting expeditious disposal. The Court, after hearing counsel, declined to comment on the merits of the underlying revenue dispute. It ordered the CRO to decide the case within six months of the certified copy of the order, ensuring service to all parties, a hearing opportunity, and prohibiting unnecessary adjournments, provided no other legal impediment exists. The petition was thus disposed with the mandated direction.

Issues considered

  • The Court must determine whether a writ of mandamus can be issued to compel the Chief Revenue Officer to decide a pending revenue case under Section 38(2) of the U.P. Revenue Code, 2006.
  • Whether the delay in adjudicating the revenue case justifies judicial intervention without examining the merits of the case.

Legislation cited

Subjects

  • mandamus
  • writ petition
  • U.P. Revenue Code
  • Section 38(2)
  • Chief Revenue Officer
  • expeditious disposal
  • administrative delay
  • Uttar Pradesh

Judgment

    HIGH COURT OF JUDICATURE AT ALLAHABAD
                    WRIT - C No. - 16391 of 2026



Smt. Durgawati
                                                    .....Petitioner(s)
                                  Versus

State Of U.P. And 14 Others
                                                    .....Respondent(s)

Counsel for Petitioner(s)                      :   Vijay Singh
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 of mandamus
     directing and commanding the respondent no.3, Chief
     Revenue Officer, Azamgarh to decide the Case No.4698/2025
     (Computerized Case No.D202515060004698), Durgawati
     and others Vs. Akhilesh and others, under Section 38(2) of
     U.P. Revenue Code, 2006, pending in the Court of Chief
     Revenue Officer, Azamgarh, as expeditiously as possible
     within stipulated period."

3. Learned counsel for the petitioner states that the aforesaid case
under Section 38(2) of U.P. Revenue Code, 2006 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
                                                                                           WRIC No. 16391 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. 3 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.




                                        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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