Allahabad High Court
RIZWANversusTHE STATE OF U.P. AND 11 OTHERS
- Decided
- Bench
- MANISH KUMAR NIGAM
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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