Allahabad High Court
KANTAversusSTATE OF U.P. AND 3 OTHERS
- Decided
- Bench
- MANISH KUMAR NIGAM
Holding
The court directed the respondent to decide the pending case within eighteen months, without expressing any opinion on the merits.
Summary
The petitioner filed a writ petition seeking a mandamus directing the Additional Officer, Second, Sadar, District Azamgarh to decide a pending case (No. 10509 of 2022) under Section 144 of the U.P. Revenue Code, 2006. The petitioner alleged that despite several dates being fixed, the case remained undecided since 2022, causing undue delay. The court, after hearing counsel, declined to opine on the merits of the underlying case but found that the petition warranted disposal. It issued a direction to the respondent to decide the pending case expeditiously, preferably within eighteen months, after serving all parties and allowing hearing and evidence, and to avoid unnecessary adjournments. The petition was therefore disposed with the mandated direction.
Issues considered
- Whether a writ of mandamus can be issued to compel an administrative officer to decide a pending revenue case under Section 144 of the U.P. Revenue Code, 2006.
- Whether the delay in deciding the case violates the petitioner's right to speedy justice warranting judicial intervention.
Legislation cited
- U.P. Revenue Code, 2006 — s. 144
Subjects
- mandamus
- writ petition
- administrative delay
- U.P. Revenue Code
- Section 144
- speedy justice
- High Court
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
WRIT - C No. - 17833 of 2026
Kanta
.....Petitioner(s)
Versus
State Of U.P. And 3 Others
.....Respondent(s)
Counsel for Petitioner(s) : Babhru Vahan Singh
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/Additional
Officer, Second, Sadar, District Azamgarh to decide the Case
No.10509 of 2022, Computerized Case No.
T202215060110509 (Kanta Versus Harkhu and Others) U/s
144 of U.P. Revenue Code, 2006, pending before him, within
specific period as fixed by this Hon'ble Court."
3. Learned counsel for the petitioner states that the aforesaid case
under Section 144 of U.P. Revenue Code, 2006 is pending since
2022. 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. 17833 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
eighteen 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 as well
as opportunity to lead evidence in support of their case 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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