Allahabad High Court
MULCHANDRAversusSTATE OF U.P. AND 3 OTHERS
- Decided
- Bench
- MANISH KUMAR NIGAM
Holding
The petition is disposed with a direction to the Sub Divisional Magistrate to decide the pending case expeditiously within twelve weeks.
Summary
The petitioner, Mulchandra, filed a writ petition under Section 144 of the Uttar Pradesh Revenue Code, 2006, seeking a mandamus directing the Sub Divisional Magistrate of Mandal Chitrakootdham to expedite the disposal of case No. RST/7867/2025, which had been pending since 2025. The petitioner argued that despite several dates being fixed, the case remained undecided, causing undue delay. The Court examined the petition and found that the relief sought was appropriate to prevent further unnecessary postponement. Consequently, the Court dismissed the writ petition but issued a direction to the Sub Divisional Magistrate to decide the pending case within twelve weeks, without granting further adjournments, subject to any legal impediment. The order was signed on May 6, 2026, and the petition was finally disposed.
Issues considered
- What is the appropriate judicial remedy when a subordinate administrative case remains unduly delayed?
- Can a High Court issue a mandamus under Section 144 of the U.P. Revenue Code to compel expeditious disposal of a pending case?
Legislation cited
- U.P. Revenue Code — s. 144
Subjects
- writ petition
- mandamus
- expeditious disposal
- U.P. Revenue Code
- Section 144
- Sub Divisional Magistrate
- administrative law
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
WRIT - C No. - 17603 of 2026
Mulchandra
.....Petitioner(s)
Versus
State Of U.P. And 3 Others
.....Respondent(s)
Counsel for Petitioner(s) : Puneet Kumar
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. To issue a writ, order or direction in the nature of mandamus commanding and
expedite the Case No. RST/7867/2025 (Kalua substituted Mulchandra and others VS
State of U.P and others) computerized case no. T202507110107867, under section
144 Act, U.P Revenue Code 2006, pending in the court of Sub Divisional Magistrate,
Mandal Chitrakootdham, District Banda."
3. Contention of the learned counsel for the petitioner is that aforementioned case is
pending since 2025 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 Sub
Divisional Magistrate, Mandal Chitrakootdham, District Banda 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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