Allahabad High Court
LAVKUSHversusSTATE OF U.P. AND 35 OTHERS
- Decided
- Bench
- MANISH KUMAR NIGAM
Holding
The Court directed the Sub Divisional Officer to decide the pending case expeditiously, preferably within one year, without expressing any opinion on the merits.
Summary
Petitioner Lavkush filed a writ petition seeking a mandamus directing the Sub Divisional Officer, Sadar, Mirzapur, to decide a pending case (No. 28093/2025) under Section 134 of the Uttar Pradesh 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, without delving into the merits of the underlying revenue dispute, ordered the respondent to decide the case within one year of the certified copy of the order, ensuring service on all parties, opportunity of hearing, and no unnecessary adjournments. The direction was issued to ensure compliance with law and to prevent further delay. The petition was consequently disposed with the mandated direction.
Issues considered
- Whether the High Court can issue a mandamus directing the Sub Divisional Officer to decide a pending revenue case under Section 134 of the U.P. Revenue Code, 2006 within a stipulated time.
- Whether the Court can dispose of the writ petition without expressing an opinion on the merits of the underlying case.
Legislation cited
- Uttar Pradesh Revenue Code, 2006 — s. 134
Subjects
- writ petition
- mandamus
- expeditious disposal
- U.P. Revenue Code
- Section 134
- administrative law
- sub divisional officer
- Uttar Pradesh
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
WRIT - C No. - 17324 of 2026
Lavkush
.....Petitioner(s)
Versus
State Of U.P. And 35 Others
.....Respondent(s)
Counsel for Petitioner(s) : Praful Dev Shukla, Rishi
Kant Rai, Shashank Shekhar
Rai
Counsel for Respondent(s) : C.S.C., Pradeep Singh
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:
"Issue writ, order or direction in the nature of mandamus
directing the respondent No. 2/ Sub Divisional Officer,
Sadar, Mirzapur, to decide the case filed by petitioner as
Case No. 28093/2025 Lavkush Vs Shivmoorat and others,
under section 134 of U.P. Revenue Code, expeditiously as
possible as within stipulated time fixed by this Hon'ble
Court."
3. Learned counsel for the petitioner states that the aforesaid case
under Section 134 of the 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.
WRIC No. 17324 of 2026
2
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. 2 to consider and decide the aforementioned case, in
accordance with law, expeditiously, preferably within a period of
one year 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 as well as
opportunity to lead evidence in support of their case and without
granting unnecessary adjournments to either of the parties
provided that there is no other legal impediment.
May 5, 2026 (Manish Kumar Nigam,J.)
Ved Prakash
Digitally signed by :-
VED PRAKASH SHARMA
High Court of Judicature at Allahabad
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