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Allahabad High Court

PUSHPA DEVI AND ANOTHERversusSTATE OF U.P. AND 28 OTHERS

Decided

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

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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