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Allahabad High Court

RIZWANversusTHE STATE OF U.P. AND 11 OTHERS

Decided

Holding

The High Court directed the respondent court to decide the pending case within six months, without expressing any view on the merits.

Summary

The petitioner Rizwan filed a writ petition seeking a mandamus directing Respondent No.2 to decide Case No. 1542 of 2024, which is pending under Section 331(3) of the Uttar Pradesh Zila Adalat & Land Revenue Act, 1950. The petitioner alleged undue delay despite several dates being fixed. The Court, after hearing counsel, declined to opine on the merits of the underlying case but ordered the respondent court to decide the matter expeditiously, preferably within six months of the order, and to avoid unnecessary adjournments. The direction was issued subject to service on all parties and an opportunity of hearing. Consequently, the petition was disposed of with the mandated direction.

Issues considered

  • Whether a writ of mandamus can be issued to compel a lower court to decide a pending case within a stipulated period under Section 331(3) of the U.P. Z.A. & L.R. Act, 1950
  • Whether the writ petition is maintainable despite the delay in the underlying case

Legislation cited

Subjects

  • mandamus
  • writ jurisdiction
  • delay in adjudication
  • civil procedure
  • U.P. Zila Adalat & Land Revenue Act
  • court direction

Judgment

    HIGH COURT OF JUDICATURE AT ALLAHABAD
                    WRIT - C No. - 17666 of 2026



Rizwan
                                                    .....Petitioner(s)
                               Versus

The State Of U.P. And 11 Others
                                                    .....Respondent(s)

Counsel for Petitioner(s)         : Krishn Kumar, Suraj Pandey
Counsel for Respondent(s)         : C.S.C., Rameshwar Prasad
                                    Shukla

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 commanding and directing the respondent. No.
     2 to decide the Case No. 1542 of 2024 (Computerized Case
     No. C202415000001542) (Rizwan and others Vs. Shahin
     Parveen and others) under section 331 (3) of U.P. Z.A. &
     L.R. Act, 1950, pending before the respondent No. 2 within
     stipulated. period."

3. Learned counsel for the petitioner states that the aforesaid case
under Section 331 (3) of U.P. Z.A. & L.R. Act, 1950 is pending
since 2024. 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
                                                                                           WRIC No. 17666 of 2026
                                                                  2


                                        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 case, in
                                        accordance with law, expeditiously, preferably 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.




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




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

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