Allahabad High Court
PREMPAL AND ANOTHERversusSTATE OF U.P. AND 10 OTHERS
- Decided
Holding
The Court ordered that the execution case be concluded within six months, with limited adjournments subject to a cost, thereby mandating expeditious disposal.
Summary
The petitioners filed a writ petition seeking a mandamus directing the State of U.P. to decide execution case No. 150 of 2025 (Banwari Lal & others v. State of U.P.) within a fixed period, alleging inordinate delay. The petition relied on the order sheet of the execution case to demonstrate the delay. The Court examined the petitioner's submission and noted that the execution case could not remain pending indefinitely. It directed that the proceedings be concluded within six months of the certified copy of the order, prohibiting unnecessary adjournments and imposing a cost of Rs. 250 per adjournment where unavoidable. The Court emphasized the need for a hearing to all affected parties before final disposal. Consequently, the writ petition was disposed of with the directive for expeditious disposal of the execution case.
Issues considered
- Whether the High Court can issue a mandamus directing the State to decide an execution case within a stipulated time to prevent undue delay.
Subjects
- writ petition
- mandamus
- execution case
- delay
- land acquisition
- expeditious disposal
- cost of adjournment
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
WRIT - C No. - 17580 of 2026
Prempal And Another
.....Petitioner(s)
Versus
State Of U.P. And 10 Others
.....Respondent(s)
Counsel for Petitioner(s) : Manoj Kumar Tiwari
Counsel for Respondent(s) : C.S.C.
Court No. - 21
HON'BLE MAHESH CHANDRA TRIPATHI, J.
HON'BLE KUNAL RAVI SINGH, J.
1. Heard Shri Manoj Kumar Tiwari, learned counsel for the petitioners and
Shri Devesh Vikram, learned Additional Chief Standing Counsel for the
State-respondents.
2. This writ petition has been filed praying, inter alia, for the following
reliefs:
"I. Issue a writ order or direction in the nature of mandamus
commanding the respondent 4 to decide the execution case no.150 of
2025 (Banwari Lal and others versus State of U.P. and others) within
stipulated period of time fixed by this Hon'ble Court.
II. Issue any other writ, order or direction which this Hon'ble Court' may
deem fit and proper in the circumstances of the case.
III. Award the cost of the writ petition to the petitioner."
3. Learned counsel for the petitioners, in support of his submissions, has
placed reliance upon the order sheet of the aforesaid execution case no.150
of 2025 (Banwari Lal and others versus State of U.P. and others) and
submits that there has been inordinate delay in disposal of the case. It is,
therefore, prayed that a direction be issued to Presiding Officer, Land
Acquisition, Rehabilitation and Resettlement Authority, Gautam Buddha
Nagar, to expedite the proceedings and decide the same within a stipulated
time.
WRIC No. 17580 of 2026
2
4. After considering the submissions advanced by learned counsel for the
petitioners and upon perusal of the order sheet on record, we are of the
considered opinion that the aforesaid case cannot be permitted to remain
pending indefinitely.
5. Accordingly, in the facts and circumstances of the case, it is provided that
the proceedings of the aforesaid case shall be concluded and finalized
expeditiously, preferably within six months from the date of presentation of
a certified copy of this order, without granting unnecessary adjournments
and after affording opportunity of hearing to all the affected parties. In
exceptional circumstances, if an adjournment is unavoidable, the same shall
be granted only upon payment of costs of Rs. 250/- per adjournment.
6. With the aforesaid observations, the writ petition stands disposed of.
(Kunal Ravi Singh,J.) (Mahesh Chandra Tripathi,J.)
May 6, 2026
Mukesh Kr.
Digitally signed by :-
MUKESH KUMAR
High Court of Judicature at Allahabad
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