Allahabad High Court
KRISHNA KUMAR AND ANOTHERversusSTATE OF U.P. THROUGH ITS COLLECTOR AND 41 OTHERS
- Decided
Holding
The execution case must be concluded within six months of the order, with adjournments allowed only on payment of Rs. 250 per adjournment.
Summary
Krishna Kumar and another filed a writ petition before the Allahabad High Court seeking a mandamus directing the State of U.P. to decide execution case No.152 of 2025 (Netrapal Singh et al. v. State of U.P.) within a fixed time. The petitioners alleged inordinate delay in the execution proceedings before the Presiding Officer, Land Acquisition, Rehabilitation and Resettlement Authority, Gautam Buddha Nagar. The Court examined the order sheet of the execution case and held that the matter could not remain pending indefinitely. It directed that the execution proceedings be concluded within six months of the certified copy of the order, with no unnecessary adjournments, and that any adjournment be subject to a cost of Rs. 250 per adjournment. Accordingly, the writ petition was disposed, with the direction to expedite the pending execution case.
Issues considered
- Whether the delay in the execution case No.152 of 2025 warrants a mandamus directing its expeditious disposal
- Whether the High Court can impose a time‑limit and cost on adjournments in the execution proceedings
Subjects
- writ petition
- mandamus
- execution proceedings
- delay
- Land Acquisition, Rehabilitation and Resettlement Authority
- adjournment cost
- expeditious disposal
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
WRIT - C No. - 17768 of 2026
Krishna Kumar And Another
.....Petitioner(s)
Versus
State Of U.P. Through Its Collector And 41 Others
.....Respondent(s)
Counsel for Petitioner(s) : Manoj Kumar Tiwari
Counsel for Respondent(s) : C.S.C.
Court No. - 21
HON'BLE MAHESH CHANDRA TRIPATHI, J.
HON'BLE KUNAL RAVI SINGH, J.
1. Heard Shri Manoj Kumar Tiwari, learned counsel for the petitioners and
Shri Devesh Vikram, learned Additional Chief Standing Counsel for the
State-respondents.
2. This writ petition has been filed praying, inter alia, for the following
reliefs:
"I. Issue a writ order or direction in the nature of mandamus
commanding the respondent 4 to decide the execution case no.152 of
2025 (Netrapal Singh and others versus State of U.P. and others) within
stipulated period of time fixed by this Hon'ble Court.
II. Issue any other writ, order or direction which this Hon'ble Court' may
deem fit and proper in the circumstances of the case.
III. Award the cost of the writ petition to the petitioner."
3. Learned counsel for the petitioners, in support of his submissions, has
placed reliance upon the order sheet of the aforesaid execution case no.152
of 2025 (Netrapal Singh and others versus State of U.P. and others) and
submits that there has been inordinate delay in disposal of the case. It is,
therefore, prayed that a direction be issued to Presiding Officer, Land
Acquisition, Rehabilitation and Resettlement Authority, Gautam Buddha
Nagar, to expedite the proceedings and decide the same within a stipulated
time.
WRIC No. 17768 of 2026
2
4. After considering the submissions advanced by learned counsel for the
petitioners and upon perusal of the order sheet on record, we are of the
considered opinion that the aforesaid case cannot be permitted to remain
pending indefinitely.
5. Accordingly, in the facts and circumstances of the case, it is provided that
the proceedings of the aforesaid case shall be concluded and finalized
expeditiously, preferably within six months from the date of presentation of
a certified copy of this order, without granting unnecessary adjournments
and after affording opportunity of hearing to all the affected parties. In
exceptional circumstances, if an adjournment is unavoidable, the same shall
be granted only upon payment of costs of Rs. 250/- per adjournment.
6. With the aforesaid observations, the writ petition stands disposed of.
(Kunal Ravi Singh,J.) (Mahesh Chandra Tripathi,J.)
May 6, 2026
Mukesh Kr.
Digitally signed by :-
MUKESH KUMAR
High Court of Judicature at Allahabad
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