Allahabad High Court
NARESH BAL BHATNAGARversusSTATE OF U.P. AND 4 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 its merits.
Summary
The petitioner, Naresh Bal Bhatnagar, filed a writ petition seeking a mandamus directing the second respondent, the Revenue Officer, to decide a pending case (Case No. 10507 of 2021) filed under Section 144 of the U.P. Revenue Code, 2006. The petitioner alleged that despite several dates being fixed, the case remained undecided since 2021, causing undue delay. The Court examined whether it could issue a direction to the revenue authority to expedite the decision without delving into the merits of the underlying dispute. It held that the Court could issue such a direction to ensure timely justice and prevent unnecessary adjournments. Accordingly, the petition was disposed of with an order directing the respondent to decide the case within eighteen months, after serving all parties and allowing them a hearing. No substantive merits of the underlying case were addressed; the focus was on procedural expeditious disposal.
Issues considered
- Whether the High Court can issue a writ of mandamus directing a revenue authority to decide a pending case under Section 144 of the U.P. Revenue Code, 2006.
Legislation cited
- U.P. Revenue Code, 2006 — s. 144
Subjects
- writ of mandamus
- Section 144
- U.P. Revenue Code
- delay in adjudication
- expeditious disposal
- High Court
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
WRIT - C No. - 17950 of 2026
Naresh Bal Bhatnagar
.....Petitioner(s)
Versus
State Of U.P. And 4 Others
.....Respondent(s)
Counsel for Petitioner(s) : Sanjay Kumar Pandey
Counsel for Respondent(s) : C.S.C., Rafat Raza Khan
Court No. - 36
HON'BLE MANISH KUMAR NIGAM, J.
1. Heard Mr. Sanjay Kumar Pandey, learned counsel for the
petitioner, Mr. Rafat Raza Khan, learned counsel for respondent
no. 3, 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 to decide the Case No. 10507
of 2021, Computerized Case No.. T202113540210507
(Ramleela Mela Committee, Kundarki Vs. Dinesh Bal
Bhatnagar and others) under section 144 U.P. Revenue Code
2006, within stipulated period as may be fixed by this
Hon'ble Court."
3. Learned counsel for the petitioner states that the aforesaid case
under Section 144 U.P. Revenue Code 2006 is pending since
2021. 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.
WRIC No. 17950 of 2026
2
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
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 7, 2026 (Manish Kumar Nigam,J.)
Ved Prakash
Digitally signed by :-
VED PRAKASH SHARMA
High Court of Judicature at Allahabad
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