Allahabad High Court
GAYATRI DEVI AND ANOTHERversusSTATE OF U.P. AND 10 OTHERS
- Decided
Holding
The Court directed that the execution case be concluded within six months, with limited adjournments subject to a cost, and disposed the writ petition.
Summary
Petitioners Gayatri Devi and another filed a writ petition seeking a mandamus directing the Presiding Officer of the Land Acquisition, Rehabilitation and Resettlement Authority, Gautam Buddha Nagar, to decide execution case No. 148 of 2025 (Fakir Chand & others v. State of U.P.) within a reasonable time. The petitioners alleged inordinate delay in the execution proceedings. The Court examined the order sheet of the execution case and found the delay unacceptable. It directed that the execution case be concluded within six months of the certified copy of the order, without unnecessary adjournments, and imposed a cost of Rs. 250 per adjournment in exceptional circumstances. The writ petition was thereafter disposed.
Issues considered
- Whether the High Court can issue a mandamus directing the Land Acquisition Authority to expedite the disposal of an execution case.
- Whether the delay in execution case No. 148 of 2025 constitutes inordinate delay warranting judicial intervention.
Subjects
- writ petition
- mandamus
- execution case
- delay
- land acquisition
- rehabilitation and resettlement authority
- expeditious disposal
- adjournment cost
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
WRIT - C No. - 17602 of 2026
Gayatri Devi 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.148 of
2025 (Fakir Chand 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.148
of 2025 (Fakir Chand 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. 17602 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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