Allahabad High Court

VIJAY AND 6 OTHERSversusSTATE OF U.P. AND 2 OTHERS

Decided: 5 May 2026
Bench: VIVEK SARAN

Holding

The Court directed the respondent magistrate to decide the recall/restoration and stay applications within three months, thereby disposing of the petition.

Summary

The petitioners Vijay and six others filed a writ petition seeking a mandamus directing the Additional District Magistrate (Finance & Revenue) of Gorakhpur to decide a pending recall/restoration application and a stay application in case No.9001/2025, filed under Section 38(2) of the Uttar Pradesh Revenue Code, 2006. The State of Uttar Pradesh raised no objection to the relief sought. The High Court, after hearing counsel for both sides, ordered the respondent (the magistrate) to consider and decide the applications expeditiously, preferably within three months of producing a certified copy of the order. No substantive merits of the underlying revenue dispute were examined; the Court merely directed procedural compliance. Consequently, the petition was disposed of with the specified direction.

Issues considered

Whether the High Court can issue a writ of mandamus directing the Additional District Magistrate to decide a pending recall/restoration application under Section 38(2) of the U.P. Revenue Code, 2006.

Legislation cited

U.P. Revenue Code, 2006 — s. 38(2)

Subjects

mandamus
writ petition
recall application
restoration application
U.P. Revenue Code
administrative law
High Court of Allahabad

Judgment

                                             HIGH COURT OF JUDICATURE AT ALLAHABAD

                                                         WRIT - C No. - 17904 of 2026

                                    Vijay And 6 Others
                                                                                               .....Petitioner(s)
                                                                      Versus
                                    State Of U.P. And 2 Others
                                                                                             .....Respondent(s)

                                    Counsel for Petitioner(s)                :   Rohit Kumar Singh
                                    Counsel for Respondent(s)                :   C.S.C., Sudhir Bharti

                                    Court No. - 2
                                                          HON'BLE VIVEK SARAN, J.

                                    1. Heard Sri Rohit Kumar Singh, learned counsel for the petitioner,
                                    Sri Sudhir Bharti, learned counsel for the respondent no.3 and
                                    learned Standing Counsel for the State-respondents.

                                    2. Instant petition has been filed with the following relief:

                                         "I. Issue a writ, order or direction in the nature of mandamus
                                         directing the court concerned/Additional District Magistrate
                                         (Finance & Revenue), Sadar, District Gorakhpur to decide the
                                         recall/restoration application alongwith stay application in Case
                                         No.9001/2025, Computerized Case No.D202505310009001 (Land
                                         Management Committee through Chairman vs. Vijay and others)
                                         U/s 38(2) of U.P. Revenue Code, 2006."


                                    3. Learned Standing Counsel for the State does not have any
                                    objection to the above.

                                    4. In view of the above, this petition stands disposed of with direction
                                    to the respondent no.2 to consider and decide the aforesaid
                                    recall/restoration application alongwith stay application in Case
                                    No.9001/2025 expeditiously preferably within a period of three
                                    months of production of certified copy of this order.

                                    May 6, 2026
                                    Deepika
                                                                                             (Vivek Saran,J.)




Digitally signed by :-
DEEPIKA SINGH
High Court of Judicature at Allahabad

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