Allahabad High Court

CHHABILALversusSTATE OF UTTAR PRADESH AND 10 OTHERS

Decided: 5 May 2026
Bench: MANISH KUMAR NIGAM

Holding

The Court directed the Sub‑Divisional Magistrate to decide the pending recall application within twelve weeks, thereby granting the relief sought.

Summary

The petitioner filed a writ petition seeking a mandamus directing the Sub‑Divisional Magistrate of Sagdi, Azamgarh, to decide a recall application filed on 19‑07‑2002 in a land‑reform case under Section 229‑B of the U.P. Zamindari Abolition and Land Reforms Act, 1950. The petition argued that the recall application had remained pending for over two decades, causing injustice. The Court noted that the continued pendency rendered the petition itself unnecessary unless the pending application is finally decided. Accordingly, the Court disposed of the writ petition, directing the SDO to decide the recall application expeditiously, preferably within twelve weeks of the order, after serving notice to all parties. The order emphasizes compliance with law and the need for timely adjudication.

Issues considered

Whether a writ of mandamus can be issued to compel the Sub‑Divisional Magistrate to decide a pending recall application under Section 229‑B of the U.P. Zamindari Abolition and Land Reforms Act, 1950.

Legislation cited

U.P. Zamindari Abolition and Land Reforms Act, 1950 — s. 229-B

Subjects

mandamus
writ petition
recall application
land reforms
administrative delay
expeditious disposal

Judgment

                                                  HIGH COURT OF JUDICATURE AT ALLAHABAD

                                                                WRIT - C No. - 17810 of 2026

                                    Chhabilal
                                                                                                          .....Petitioner(s)
                                                                           Versus
                                    State Of Uttar Pradesh And 10 Others
                                                                                                        .....Respondent(s)

                                    Counsel for Petitioner(s)              :   Ratnesh Pratap Singh, Ravindra Yadav
                                    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 parties and perused the record.

                                    2. This writ petition has been filed seeking following relief :-

                                          "Issue a writ, order, or direction in the nature of Mandamus,
                                          commanding Respondent No. 2, /Sub-Divisional Magistrate, Sagdi,
                                          District Azamgarh, to decide the recall application dated 19.07.2002,
                                          pending in Case No. 94/2001-2002 (Computerized Case No.
                                          T200215060700003), titled Dawar and others vs. Ram Awadh and others,
                                          under Section 229-B of the U.P. Zamindari Abolition and Land Reforms
                                          Act, 1950, expeditiously within a stipulated time frame as may be fixed by
                                          this Hon'ble Court, in accordance with law, in the interest of justice."

                                    3. Learned counsel for the petitioner submitted that the above-mentioned
                                    recall application is pending consideration since 2002 and the same has not
                                    been decided till date. Learned counsel prayed that the same may be decided,
                                    expeditiously.

                                    4. Since the above-mentioned recall application 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 application, 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

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