Allahabad High Court
SMT. MEERA DEVIversusSTATE OF U.P. AND 2 OTHERS
- Decided
- Bench
- MANISH KUMAR NIGAM
Holding
The Court directed the respondent to decide the execution case within six months, thereby granting the writ of mandamus.
Summary
The petitioner, Smt. Meera Devi, filed a writ petition seeking a mandamus directing the second respondent to decide Execution Case No. 46 of 2025, which had been pending since 2025 despite several dates being fixed. The petitioner argued that the delay was unjustified and requested an expeditious decision. The Court examined the petition and noted that no substantive merits of the execution case were before it, only the procedural delay. It held that the petition did not merit further hearing and could be disposed of without expressing an opinion on the merits. Consequently, the Court ordered the second respondent to decide the execution case within six months of the certified copy of the order, after serving all parties and providing a hearing, and to avoid unnecessary adjournments. The petition was thus disposed with the mandated direction.
Issues considered
- Whether the High Court can issue a writ of mandamus directing a lower court or authority to decide an execution case within a stipulated period
Subjects
- writ
- mandamus
- execution case
- procedural delay
- High Court
- expeditious disposal
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
WRIT - C No. - 17942 of 2026
Smt. Meera Devi
.....Petitioner(s)
Versus
State Of U.P. And 2 Others
.....Respondent(s)
Counsel for Petitioner(s) : Sanjay Kumar Dwivedi
Counsel for Respondent(s) : Avinash Chandra Srivastava,
C.S.C.
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 nature of mandamus
commanding and directing the respondent no. 2 to decide the
Execution Case No. 46 of 2025 of the petitioner within
stipulated period as this Hon'ble Court deem fit and proper
of the circumstances of the case."
3. Learned counsel for the petitioner states that the aforesaid
execution case is pending since 2025. 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 case, in
WRIC No. 17942 of 2026
2
accordance with law, expeditiously, preferably within a period of
six 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 and
without granting unnecessary adjournments to either of the
parties provided that there is no other legal impediment.
May 7, 2026 (Manish Kumar Nigam,J.)
Ved Prakash
Digitally signed by :-
VED PRAKASH SHARMA
High Court of Judicature at Allahabad
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