Allahabad High Court
RAMCHANDRAversusSTATE OF U.P. AND 3 OTHERS
- Decided
- Bench
- MANISH KUMAR NIGAM
Holding
The Court directed Respondent No.2 to decide the restoration application within twelve weeks and restrained Respondent No.4 from interfering with possession.
Summary
The petitioner, Ramchandra, filed a writ petition seeking a mandamus directing Respondent No.2 to decide a restoration application filed in 2022 under Section 144 of the U.P. Revenue Code-2006, and to restrain Respondent No.4 from interfering with peaceful possession of the disputed land. The petitioner alleged that despite several dates being fixed, the restoration application remained pending. The Court, after hearing counsel, declined to opine on the merits of the underlying land dispute but ordered that the restoration application be decided expeditiously, preferably within twelve weeks of the certified copy of the order. The Court also directed that no unnecessary adjournments be granted and that Respondent No.4 be restrained from interfering with possession during the pendency of the application. Consequently, the writ petition was disposed with specific directions to the respondents.
Issues considered
- Whether the High Court can issue a writ of mandamus directing the revenue authority to decide a pending restoration application within a stipulated time.
- Whether the Court can restrain a third respondent from interfering with peaceful possession of the land during the pendency of the restoration application.
Legislation cited
- U.P. Revenue Code, 2006 — s. 144
Subjects
- mandamus
- restoration application
- U.P. Revenue Code
- expeditious disposal
- possession
- interim relief
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
WRIT - C No. - 17564 of 2026
Ramchandra
.....Petitioner(s)
Versus
State Of U.P. And 3 Others
.....Respondent(s)
Counsel for Petitioner(s) : Surendra Pal
Counsel for Respondent(s) : C.S.C., Sher Bahadur Singh
Court No. - 36
HON'BLE MANISH KUMAR NIGAM, J.
1. Heard learned counsel for the parties, learned Standing Counsel for the
State and perused the record.
2. The instant writ petition has been filed for the following relief:
"To issue a writ in the nature of Mandamus directing the directing the
respondent no.2 to decide the Restoration Application filed in Case No.
6129 of 2022 (Computer Case No.T202212610106129 (Ram Chandra Vs.
Gaon Sabha Chaudhera Bangar & others), U/s 144 of U.P. Revenue
Code-2006 expeditiously and within stipulated period as fixed by this
Hon'ble Court and further be pleased to direct the respondent no.4 not to
interfere in peaceful possession over the land in dispute during pendency
of restoration application."
3. Learned counsel for the petitioner states that the aforesaid restoration
application is pending since 2022. 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 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
WRIC No. 17564 of 2026
2
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.
(Manish Kumar Nigam,J.)
May 6, 2026
Ved Prakash
Digitally signed by :-
VED PRAKASH SHARMA
High Court of Judicature at Allahabad
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