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Allahabad High Court

SURAJ NATH @ SURYANATHversusSTATE OF U.P. AND 10 OTHERS

Decided

Holding

The Court directed Respondent No.2 to decide the pending case within twelve weeks, thereby granting the writ of mandamus.

Summary

The petitioner filed a writ petition seeking a mandamus directing Respondent No.2 to decide a pending civil case (Case No.RST1458/2024) arising under Section 24 of the U.P. Revenue Code, 2006. The petitioner argued that the case has been pending since 2024 despite multiple dates being fixed, causing undue delay. The Court examined the petition and found that the continued pendency served no useful purpose and that the petitioner was entitled to a direction for expeditious disposal. Consequently, the Court disposed of the writ petition and issued a direction to Respondent No.2 to decide the pending case within twelve weeks, after serving all parties and without unnecessary adjournments. The order was signed on May 6, 2026, by Justice Manish Kumar Nigam.

Issues considered

  • Whether a writ of mandamus can be issued to compel a lower authority to decide a pending case within a specified time frame
  • Whether the writ petition is maintainable for the purpose of expediting the disposal of the pending case

Subjects

  • writ of mandamus
  • judicial delay
  • U.P. Revenue Code
  • expeditious disposal
  • civil procedure

Judgment

                                                   HIGH COURT OF JUDICATURE AT ALLAHABAD

                                                                 WRIT - C No. - 17585 of 2026

                                    Suraj Nath @ Suryanath
                                                                                                              .....Petitioner(s)
                                                                              Versus
                                    State Of U.P. And 10 Others
                                                                                                            .....Respondent(s)

                                    Counsel for Petitioner(s)                                  :     Janardan Shukla
                                    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:

                                    " 1. Issue a writ, order or direction in the nature of mandamus commanding
                                    respondent No. 2 to decide the Case No.RST1458/2024 bearing Computer Case No.
                                    T202405200114558 (Kedar V/s Suryanath) arising out of proceeding U/s 24 U.P.
                                    Revenue Code, 2006 relating Village Paraskhand, Tappa Nagwa, Pargana
                                    Shahjanpur, Tahsil and District Deoria within period fixed by this Hon'ble Court."

                                    3. Contention of the learned counsel for the petitioner is that aforementioned case is
                                    pending since 2024 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 case, 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 6, 2026
                                    Nitika Sri.
                                                                                                   (Manish Kumar Nigam,J.)




Digitally signed by :-
NITIKA SRIVASTAVA
High Court of Judicature at Allahabad


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