Allahabad High Court
KAILASHversusADDITIONAL COMMISSIONER GORAKHPUR AND 8 OTHERS
- Decided
- Bench
- MANISH KUMAR NIGAM
Holding
The Court directed the Additional Commissioner to decide the pending appeal within one year, thereby granting the writ of mandamus.
Summary
Petitioner Kailash filed a writ petition seeking a mandamus directing the Additional Commissioner, Gorakhpur, to decide Appeal No. C 202505000001425 pending under Section 229 Kha of the U.P. Revenue Code, 2006. The petitioner argued that the appeal had been pending despite several dates being fixed, causing undue delay. The Court examined whether it could issue a direction to expedite the decision of the pending appeal. Finding no substantive impediment, the Court ordered the respondent to decide the appeal within one year of the certified copy of the order, after serving all parties and without unnecessary adjournments. The petition was consequently disposed of with the mandated direction.
Issues considered
- The Court's jurisdiction to issue a mandamus directing an administrative authority to decide a pending appeal under Section 229 Kha of the U.P. Revenue Code, 2006.
Legislation cited
- U.P. Revenue Code, 2006 — s. 229 Kha
Subjects
- writ of mandamus
- U.P. Revenue Code
- appeal pending
- administrative law
- expeditious disposal
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
WRIT - C No. - 17759 of 2026
Kailash
.....Petitioner(s)
Versus
Additional Commissioner Gorakhpur And 8 Others
.....Respondent(s)
Counsel for Petitioner(s) : Arun Kumar Verma, Krishna Mohan Singh
Counsel for Respondent(s) : C.S.C., Sudhir Bharti
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) Issue a writ, order or direction in the nature mandamus directing the Additional
Commissioner Gorakhpur Mandal, Gorakhpur (Respondent no. 1) to decide the
Appeal No. C 202505000001425 (Kanhiya Sharma and others Versus Kailash and
other), District-Kushinagar under section 229 Kha of U.P. Revenue Code-2006 filed
by Kanhaiya ( Respondent no. 5) before Respondent no. 1 within a short period."
3. Contention of the learned counsel for the petitioner is that aforementioned appeal is
pending consideration 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
respondent No. 1 to consider and decide the aforementioned case, in accordance with
law, expeditiously, preferably within a period of one year 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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