Allahabad High Court
KARAM SINGHversusSTATE OF U.P. AND 17 OTHERS
- Decided
- Bench
- MANISH KUMAR NIGAM
Holding
The Court ordered Respondent No. 2 to decide the pending restoration application and related matters expeditiously within twelve weeks.
Summary
The petitioner, Karam Singh, filed a writ petition seeking a mandamus directing Respondent No. 2 to decide a restoration application and related applications filed in 2016, which remain pending. The petition alleged that the case has been pending for several years without any decision. The Court observed that the prolonged delay defeats the purpose of the petition and that the matter requires expeditious resolution. Consequently, the Court disposed of the writ petition, directing Respondent No. 2 to decide the pending applications within twelve weeks of the order, after serving notice to all parties. The order emphasizes compliance with the law and the need for a timely hearing.
Issues considered
- Whether the High Court can issue a writ of mandamus directing the respondent to decide a pending restoration application.
- Whether the delay in deciding the application since 2016 warrants judicial intervention.
Legislation cited
- Limitation Act, 1963 — s. 5
- U.P. Zamindari Abolition Act — s. 176
Subjects
- writ petition
- mandamus
- restoration of land
- delay in adjudication
- Limitation Act
- U.P. Zamindari Abolition Act
- expeditious disposal
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
WRIT - C No. - 17803 of 2026
Karam Singh
.....Petitioner(s)
Versus
State Of U.P. And 17 Others
.....Respondent(s)
Counsel for Petitioner(s) : Pradeep Kumar Bhardwaj
Counsel for Respondent(s) : C.S.C., Kaushal Kishore Mani
Court No. - 36
HON'BLE MANISH KUMAR NIGAM, J.
1. Heard learned counsel for the parties and perused the record.
2. This writ petition has been filed seeking following relief :-
"Issue a writ order of direction in the nature of mandamus directing the respondent no. 2
to decide the restoration application along with application under section 5 of Limitation
Act dated 30.10.2025 of the petitioner filed in Case No. 70 of 2016 as well as Computer
Case No. T 201609550202432) now New Case No. 213197 of 2025 as well as Computer
Case No T 202509550213197 (Karam Singh Versus Ram Kishan and others) under section
176 of U.P. Z.A. Act, Village Bhaleri Jansath, Paragna Jolly Thesil Jansath, District
Muzaffarnagar, within a stipulated time as fixed by this Hon'ble Court,"
3. Learned counsel for the petitioner submitted that the above-mentioned case
is pending consideration since 2016 and the same has not been decided till
date. Learned counsel prayed that the same may be decided, expeditiously.
4. Since the above-mentioned case is pending, no useful purpose would be
served in keeping this petition pending.
5. In view of the above, this writ petition stands disposed of with a direction to
respondent no.2 to decide the above-mentioned case, in accordance with
law, expeditiously, preferably within twelve weeks from the date of production
of a certified copy of this order, after ensuring service of notice upon all the
respondents and providing opportunity of hearing to all the concerned parties
provided there is no other legal impediment.
May 6, 2026
Rishabh
(Manish Kumar Nigam,J.)
Digitally signed by :-
RISHABH KUMAR
High Court of Judicature at Allahabad
Checking your session…