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Allahabad High Court

SHARIF KHAN AND 2 OTHERSversusSTATE OF U.P. AND 7 OTHERS

Decided

Holding

The Court directed the Additional Commissioner (Judicial) to decide the pending appeal expeditiously, within six months, without granting unnecessary adjournments.

Summary

The petitioners filed a writ petition under Section 331(3) of the Uttar Pradesh Zamindari Abolition & Land Reforms Act seeking a mandamus directing the Additional Commissioner (Judicial) Prayagraj Division to decide a pending appeal (Case No. 2409 of 2024) that has been delayed since 2024. The petitioners argued that multiple dates had been fixed but the appeal remained undecided, causing undue delay. The Court, after hearing counsel, declined to comment on the merits of the underlying appeal but exercised its jurisdiction to compel the authority to act. It ordered the respondent to decide the appeal expeditiously, preferably within six months of the certified copy of the order, and to avoid unnecessary adjournments. The petition was consequently disposed of with the direction to the respondent to comply with the order.

Issues considered

  • Whether a writ of mandamus can be issued to compel the Additional Commissioner (Judicial) to decide a pending appeal under Section 331(3) of the U.P. Zamindari Abolition & Land Reforms Act.
  • Whether the delay in deciding the appeal violates the statutory requirement of expeditious disposal.

Legislation cited

Subjects

  • mandamus
  • writ petition
  • U.P. Zamindari Abolition & Land Reforms Act
  • Section 331(3)
  • delay in adjudication
  • expeditious disposal
  • Administrative law
  • Additional Commissioner (Judicial)

Judgment

          HIGH COURT OF JUDICATURE AT ALLAHABAD
                          WRIT - C No. - 17834 of 2026

Sharif Khan And 2 Others
                                                                   .....Petitioner(s)
                                      Versus

State Of U.P. And 7 Others
                                                                .....Respondent(s)

Counsel for Petitioner(s)                  :   Javed Alam, Nasim Uddin
Counsel for Respondent(s)                  :   C.S.C.

Court No. - 36
                 HON'BLE MANISH KUMAR NIGAM, J.

1. Heard learned counsel for the petitioners, 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 directing the
     respondent no.2 i.e. Additional Commissioner (Judicial) Prayagraj
     Division Prayagraj to decide case No. 2409 of 2024, Computrized case
     No.C202402000002409 (Fakhruzzama and others Vs. Shareef Khan and
     others) under section 331 (3) U.P.Z.A. & L.R. Act, expeditiously as
     possible as within short stipulated period as may be fixed by this Hon'ble
     court which is pending before Additional Commissioner (Judicial)
     Prayagraj Division Prayagraj."

3. Learned counsel for the petitioners states that the aforesaid appeal is
pending since 2024. 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 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 appeal, in accordance with law, expeditiously, preferably
within a period of six months from the date of production of a certified copy
                                                                                           WRIC No. 17834 of 2026
                                                                   2


                                    of this order after ensuring service upon all the opposite parties and 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.



                                                                                    (Manish Kumar Nigam,J.)
                                    May 6, 2026
                                    Ved Prakash




Digitally signed by :-
VED PRAKASH SHARMA
High Court of Judicature at Allahabad


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