Allahabad High Court
SMT. DURGAWATIversusSTATE OF U.P. AND 14 OTHERS
- Decided
- Bench
- MANISH KUMAR NIGAM
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
- U.P. Revenue Code, 2006 — s. 38(2)
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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