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Allahabad High Court

SALMAN AHMADversusSTATE OF U.P. AND 10 OTHERS

Decided

Holding

The Court directed the Sub Divisional Officer to decide the pending appeal within six months, without expressing any view on its merits.

Summary

The petitioner filed a writ petition seeking a mandamus directing the Sub Divisional Officer, Tehsil‑Shahganj, to expedite the pending appeal (Case No.4424 of 2016) filed under Section 210 of the U.P. Revenue Act, 1901. The appeal had been pending since 2016 with multiple dates fixed but no decision rendered. The Court, after hearing counsel, declined to opine on the merits of the appeal but ordered the respondent to decide the appeal expeditiously. It directed that a certified copy of the order be served on all parties and that the appeal be decided within six months, without unnecessary adjournments, provided no legal impediment exists. Consequently, the writ petition was disposed of with the said direction.

Issues considered

  • Whether a writ of mandamus can be issued to compel a Sub Divisional Officer to expedite a pending appeal under Section 210 of the U.P. Revenue Act, 1901
  • Whether the delay in deciding the appeal violates any statutory or procedural requirement

Legislation cited

  • U.P. Revenue Act, 1901 — s. 210

Subjects

  • mandamus
  • writ petition
  • U.P. Revenue Act
  • Section 210
  • appeal expeditious disposal
  • administrative delay
  • sub divisional officer

Judgment

          HIGH COURT OF JUDICATURE AT ALLAHABAD
                          WRIT - C No. - 17660 of 2026

Salman Ahmad
                                                                 .....Petitioner(s)
                                     Versus

State Of U.P. And 10 Others
                                                               .....Respondent(s)

Counsel for Petitioner(s)         : Azad Khan, Mohammad Imran Khan,
                                    Sunil Verma
Counsel for Respondent(s)         : C.S.C.

Court No. - 36
                 HON'BLE MANISH KUMAR NIGAM, J.

1. Heard learned counsel for the petitioner, learned Standing Counsel for the
State and perused the record.

2. The instant writ petition has been filed for the following relief:

     "Issue a writ order or direction, in the nature of mandamus directing to
     the Respondent No.2-Sub Divisional Officer, Tehsil-Shahganj, District-
     Jaunpur to expedite the proceeding of Appeal Case No.4424 of 2016
     Computerized Case No.12016143658014424 (Salman Ahmad Vs. Sufiyan
     Ahmad and others) filed under section 210 of U.P. Revenue Act, 1901,
     which is pending before the Court of Sub Divisional Officer, Tehsil-
     Shahganj, District-Jaunpur, expeditiously as possible within stipulated
     period of time."

3. Learned counsel for the petitioner states that the aforesaid appeal is
pending since 2016. It is further contended that several dates have been fixed
but the same has not been decided yet. He prayed that the same may be
decided, expeditiously.

4. No useful purpose would be served in keeping this petition pending.

5. Considering the facts and circumstances of the case, without expressing
any opinion on the merits of the case, the present petition stands disposed of
finally with a direction to respondent No. 2 to consider and decide the
aforementioned appeal, in accordance with law, expeditiously, preferably
                                                                                           WRIC No. 17660 of 2026
                                                                   2


                                    within a period of six months from the date of production of a certified copy
                                    of this order after ensuring service upon all the opposite parties and 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.



                                                                                    (Manish Kumar Nigam,J.)
                                    May 6, 2026
                                    Ved Prakash




Digitally signed by :-
VED PRAKASH SHARMA
High Court of Judicature at Allahabad


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