Allahabad High Court
DURG VIJAY YADAVversusSTATE OF U.P. AND 2 OTHERS
- Decided
- Bench
- MANISH KUMAR NIGAM
Holding
The Court directed the respondent to decide the pending review application within twelve weeks, thereby granting the writ of mandamus.
Summary
The petitioner, Durg Vijay Yadav, filed a writ petition seeking a mandamus directing the second respondent to decide a pending Review Application No. 906/A filed in Appeal No. C201915000000960 under Section 38(4) of the Uttar Pradesh Revenue Code, 2006. The petitioner argued that despite several dates being fixed, the review application remained undecided, causing undue delay. The Court examined whether it could issue a mandamus to compel the administrative authority to decide the review expeditiously. Finding that the petition served no further purpose if left pending, the Court ordered the respondent to decide the application within twelve weeks, after serving a certified copy of the order and providing a hearing, without unnecessary adjournments. The petition was consequently disposed of with the mandated direction.
Issues considered
- Whether the High Court can issue a writ of mandamus directing the respondent to decide a pending review application under U.P. Revenue Code‑2006, s.38(4).
- Whether a time‑bound direction of twelve weeks is appropriate to ensure expeditious disposal.
Legislation cited
- U.P. Revenue Code, 2006 — s. 38(4)
Subjects
- mandamus
- review application
- U.P. Revenue Code
- administrative delay
- expeditious disposal
- high court writ
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
WRIT - C No. - 17509 of 2026
Durg Vijay Yadav
.....Petitioner(s)
Versus
State Of U.P. And 2 Others
.....Respondent(s)
Counsel for Petitioner(s) : Rajiv Kumar Mishra
Counsel for Respondent(s) : C.S.C.
Court No. - 36
HON'BLE MANISH KUMAR NIGAM, J.
1. Heard learned counsel for the petitioner and perused the record.
2. The instant writ petition has been filed for following relief:
" To issue a writ in the nature of Mandamus directing the directing the respondent
no.2 to decide the Review Application No. 906/A filed in Appeal No.
C201915000000960 (Janta Shiksha Mandir Tengarpur Vs. SDO Sadar, Azamgarh &
others), U/s 38(4) of U.P. Revenue Code-2006, expeditiously and within stipulated
period as fixed by this Hon'ble Court."
3. Contention of the learned counsel for the petitioner is that aforementioned
application is pending consideration and the same has not been decided despite several
dates have been fixed. He prayed that the same may be decided, expeditiously.
4. In view of above, no useful purpose would be served in keeping this petition
pending.
5. Accordingly, the present petition stands disposed of finally with a direction to
respondent No. 2 to consider and decide the aforementioned application, in
accordance with law, expeditiously, preferably within a period of twelve weeks from
the date of production of a certified copy of this order after ensuring service upon all
the opposite parties, 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
Nitika Sri.
(Manish Kumar Nigam,J.)
Digitally signed by :-
NITIKA SRIVASTAVA
High Court of Judicature at Allahabad
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