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Allahabad High Court

SURYANATHversusSTATE OF U.P. AND 54 OTHERS

Decided

Holding

The Court directed the respondent magistrate to decide the pending case within six months, thereby granting the writ of mandamus.

Summary

The petitioner, Suryanath, filed a writ petition seeking a mandamus directing the Additional District Magistrate (Judicial) of Gorakhpur to decide a pending revenue case (RST/162/2023) under Section 30 of the U.P. Revenue Code, 2006. The petition argued that the case had been pending since 2023 without any decision, causing undue delay. The court examined the petition and noted that continued pendency served no useful purpose. It therefore ordered the respondent to decide the application expeditiously, preferably within six months of the certified copy of the order, after serving notice and providing a hearing. The petition was consequently disposed with the direction to the magistrate.

Issues considered

  • Whether the High Court can issue a writ of mandamus directing the Additional District Magistrate to decide a pending revenue case under Section 30 of the U.P. Revenue Code, 2006 within a stipulated time.

Legislation cited

Subjects

  • mandamus
  • writ petition
  • delay
  • U.P. Revenue Code
  • administrative law
  • expeditious disposal

Judgment

                                                  HIGH COURT OF JUDICATURE AT ALLAHABAD

                                                                WRIT - C No. - 17558 of 2026

                                    Suryanath
                                                                                                         .....Petitioner(s)
                                                                           Versus
                                    State Of U.P. And 54 Others
                                                                                                       .....Respondent(s)

                                    Counsel for Petitioner(s)          :   M.J. Akhtar, Munna Tiwari, Sandeep Kumar
                                                                           Singh
                                    Counsel for Respondent(s)          :   C.S.C.

                                    Court No. - 36
                                                        HON'BLE MANISH KUMAR NIGAM, J.

                                    1. Heard learned counsel for the petitioner, Shri M.J. Akhtar, learned counsel
                                    for respondent no.3 and perused the record.

                                    2. This writ petition has been filed seeking following relief :-

                                          "issue a writ, order or direction in the nature of Mandamus direct the
                                          respondent no.2 i.e. Additional District Magistrate (Judicial), Mandal
                                          Gorakhgpur, Tehsil Kasya, District Kushinagar to decide the Case
                                          No.RST/162/2023, Computer Case No.D202305440000162 (Suryanath
                                          and others Vs. Ramdei and others), under Section 30 of U.P. Revenue
                                          Code, 2006 within stipulated time as fixed by this Hon'ble Court."

                                    3. Learned counsel for the petitioner submitted that the above-mentioned case
                                    is pending consideration since 2023 and the same has not been decided till
                                    date. Learned counsel prayed that the same may be decided, expeditiously.

                                    4. Since the above-mentioned case is pending, no useful purpose would be
                                    served in keeping this petition pending.

                                    5. In view of the above, this writ petition stands disposed of with a direction to
                                    respondent no.2 to decide the above-mentioned application, in accordance
                                    with law, expeditiously, preferably within six months from the date of
                                    production of a certified copy of this order, after ensuring service of notice
                                    upon all the respondents and providing opportunity of hearing to all the
                                    concerned parties provided there is no other legal impediment.

                                    May 5, 2026
                                    Rishabh
                                                                                             (Manish Kumar Nigam,J.)




Digitally signed by :-
RISHABH KUMAR
High Court of Judicature at Allahabad


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