Allahabad High Court
PUSHPA DEVI AND ANOTHERversusSTATE OF U.P. AND 28 OTHERS
- Decided
- Bench
- MANISH KUMAR NIGAM
Holding
The Court directed the Sub‑Divisional Officer to decide the pending case within three months, without expressing any opinion on its merits.
Summary
Pushpa Devi and another filed a writ petition seeking a mandamus directing the Sub‑Divisional Officer (Judicial) of Gola Tehsil to decide their pending case under Section 24 of the U.P. Revenue Code, 2006, which has been awaiting disposal since 2025 despite several dates being fixed. The petitioners contended that the delay was unjustified and prayed for an expeditious decision within three months. The Court examined the petition, noted that no adjudication on the merits of the underlying case was required, and observed that keeping the writ petition pending served no useful purpose. Accordingly, the Court ordered the SDO to consider and decide the case within three months of the production of a certified copy of the order, after service on all parties and a hearing, and to refrain from unnecessary adjournments, subject to the absence of any legal impediment. The writ petition was disposed with the said direction.
Issues considered
- Whether a writ of mandamus can be issued to compel a Sub‑Divisional Officer to decide a pending revenue case expeditiously
- Whether the delay in deciding the case under Section 24 of the U.P. Revenue Code, 2006, warrants judicial intervention
Legislation cited
- U.P. Revenue Code, 2006 — s. 24
Subjects
- mandamus
- writ petition
- administrative delay
- U.P. Revenue Code
- Section 24
- expeditious disposal
- Sub‑Divisional Officer
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
WRIT - C No. - 17438 of 2026
Pushpa Devi And Another
.....Petitioner(s)
Versus
State Of U.P. And 28 Others
.....Respondent(s)
Counsel for Petitioner(s) : Anil Kumar
Counsel for Respondent(s) : C.S.C., Sudhir Bharti
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 an appropriate order, direction or writ in the nature of
Mandamus directing the Respondent No. 2 learned Sub
Divisional Officer (Judicial), Tehsil - Gola, District -
Gorakhpur to decide petitioner's case No.
T202505310706178 (Pushpa Devi and another vs. Gaon
Sabha and others) u/s 24 of U.P. Revenue Code, 2006
expeditiously, preferably within a period of 3 months."
3. Learned counsel for the petitioner states that the aforesaid case
under Section 24 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.
5. Considering the facts and circumstances of the case, without
expressing any opinion on the merits of the case, the present
WRIC No. 17438 of 2026
2
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
three 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 5, 2026 (Manish Kumar Nigam,J.)
Ved Prakash
Digitally signed by :-
VED PRAKASH SHARMA
High Court of Judicature at Allahabad
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