Allahabad High Court
JAWAHAR LALversusSTATE OF U.P. AND 21 OTHERS
- Decided
- Bench
- MANISH KUMAR NIGAM
Holding
The Court directed the respondent to decide the pending case within six months, effectively granting the writ of mandamus.
Summary
Petitioner Jawahar Lal filed a writ petition seeking a mandamus directing Respondent No.2, the Sub‑Divisional Magistrate, to decide a revenue case (Case No. 7232 of 2021) pending since 2021 under Section 38 of the U.P. Revenue Code, 2006. The petitioner argued that the prolonged delay defeats the purpose of the proceedings. The Court observed that keeping the writ petition pending served no useful purpose while the substantive case remained undecided. Consequently, the Court disposed of the writ petition and issued a direction to the respondent to decide the pending case expeditiously, preferably within six months of the order, after serving notice and providing a hearing. The order was signed by Justice Manish Kumar Nigam on 6 May 2026.
Issues considered
- Whether the High Court can issue a writ of mandamus directing the Sub‑Divisional Magistrate to decide a pending revenue case under Section 38 of the U.P. Revenue Code, 2006?
Legislation cited
- U.P. Revenue Code, 2006 — s. 38
Subjects
- writ petition
- mandamus
- expeditious disposal
- U.P. Revenue Code
- administrative law
- sub‑divisional magistrate
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
WRIT - C No. - 17616 of 2026
Jawahar Lal
.....Petitioner(s)
Versus
State Of U.P. And 21 Others
.....Respondent(s)
Counsel for Petitioner(s) : Aamir Nizam, Shabana Nizam
Counsel for Respondent(s) : Bhupendra Kumar Tripathi, C.S.C.
Court No. - 36
HON'BLE MANISH KUMAR NIGAM, J.
1. Heard learned counsel for the parties and perused the record.
2. This writ petition has been filed seeking following relief :-
"a) Issue a writ order or direction in the nature of mandamus directing
the respondent no.2 to decide the Case No. 7232 of 2021 "Computer Case
No. T202114360107232" (Jawahar Lal and others Vs. Sarfaraj Ahmad
and others) u/s 38 of U.P. Revenue Code 2006 pending in the court of Sub
Divisional Magistrate Tehsil Shahganj, District Jaunpur expeditiously
within stipulated period prescribed by this Hon'ble Court."
3. Learned counsel for the petitioner submitted that the above-mentioned case
is pending consideration since 2021 and the same has not been decided till
date. Learned counsel prayed that the same may be decided, expeditiously.
4. Since the above-mentioned case is pending, no useful purpose would be
served in keeping this petition pending.
5. In view of the above, this writ petition stands disposed of with a direction to
respondent no.2 to decide the above-mentioned case, in accordance with law,
expeditiously, preferably within six months from the date of production of a
certified copy of this order, after ensuring service of notice upon all the
respondents and providing opportunity of hearing to all the concerned parties
provided there is no other legal impediment.
May 6, 2026
Rishabh
(Manish Kumar Nigam,J.)
Digitally signed by :-
RISHABH KUMAR
High Court of Judicature at Allahabad
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