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Allahabad High Court

RAM NARAYAN DWIVEDI AND ANOTHERversusSTATE OF U.P. AND 7 OTHERS

Decided

Holding

The Court ordered the Additional Commissioner to decide the pending case within six months, thereby granting the mandamus direction.

Summary

The petitioners, Ram Narayan Dwivedi and another, filed a writ petition seeking a mandamus directing the Additional Commissioner (Administration) of Gorakhpur Division to expedite the disposal of case No. 602 of 2025, which was pending under section 210 of the U.P. Revenue Code, 2006. The petition argued that the case had been pending since 2025 without any decision, causing prejudice to the parties. The Court examined whether it could issue a direction to hasten the adjudication of a pending revenue matter. It held that while the petition itself could be disposed, the Court could direct the administrative authority to decide the case within a reasonable time. Consequently, the Court disposed of the writ petition and ordered the respondent to decide the pending case within six months, subject to service of notice and hearing of all parties.

Issues considered

  • Whether a writ of mandamus can be issued to compel an administrative authority to expedite the disposal of a pending revenue case
  • Whether the writ petition is maintainable when the underlying case is merely delayed

Legislation cited

Subjects

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

Judgment

                                                      HIGH COURT OF JUDICATURE AT ALLAHABAD

                                                                   WRIT - C No. - 17562 of 2026

                                    Ram Narayan Dwivedi And Another
                                                                                                                      .....Petitioner(s)
                                                                                 Versus
                                    State Of U.P. And 7 Others
                                                                                                                    .....Respondent(s)

                                    Counsel for Petitioner(s)                                  :    Bipin Kumar Tripathi
                                    Counsel for Respondent(s)                                  :    C.S.C.

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

                                    1. Heard learned counsel for the parties and perused the record.

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

                                          "A-ISSUE, a writ order/ direction in the nature of suitable mandamus directing the
                                          respondent no.2/Additional Commissioner (Administration) 15, st Gorakhpur Division
                                          Gorakhpur, to expedite/ decide the aforesaid case no. 602 of 2025, Computerized case
                                          No.C-202505000000602, (Awadh Narayan Dwivedi & others Vs Shivadhatri & another)
                                          under section-210 U.P. Revenue code 2006, pending in the court of Respondent no.2 as
                                          expeditiously possible as within limited stipulated period of time to secure the ends of
                                          justice."


                                    3. Learned counsel for the petitioner submitted that the above-mentioned case
                                    is pending consideration since 2025 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
                                    the respondent no.2 to decide the above-mentioned case, 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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