Allahabad High Court
SHESHNATH SINGHversusSTATE OF U.P. AND 2 OTHERS
- Decided
- Bench
- MANISH KUMAR NIGAM
Holding
The court directed the Tehsildar to decide the pending restoration application expeditiously within twelve weeks, without expressing any opinion on its merits.
Summary
The petitioner, Sheshnath Singh, filed a writ petition seeking a mandamus directing the Tehsildar of Deoria to decide a restoration application filed in 2022 under Section 34 of the Uttar Pradesh Revenue Code, 2006. The petitioner alleged that despite several dates being fixed, the Tehsildar had not rendered a decision, causing undue delay. The court, after hearing counsel, noted that the petition served no useful purpose if left pending. Without addressing the merits of the restoration application, the court ordered the Tehsildar to decide the matter within twelve weeks of receiving a certified copy of the order, ensuring service and hearing to all parties and prohibiting unnecessary adjournments. The petition was thus disposed with the specified direction.
Issues considered
- Whether a writ of mandamus can be issued to compel the Tehsildar to decide a pending restoration application under the U.P. Revenue Code, 2006.
- Whether the court can prescribe a specific time‑frame for the administrative decision without examining the merits of the application.
Legislation cited
- Uttar Pradesh Revenue Code, 2006 — s. 34
Subjects
- mandamus
- writ petition
- restoration application
- U.P. Revenue Code
- administrative delay
- expeditious disposal
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
WRIT - C No. - 17971 of 2026
Sheshnath Singh
.....Petitioner(s)
Versus
State Of U.P. And 2 Others
.....Respondent(s)
Counsel for Petitioner(s) : Shailendra Kumar Singh
Counsel for Respondent(s) : 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 the nature of mandamus
commanding the learned the learned Tehsildar Deoria
(Respondent no 2) to decide the Restoration Application filed
in Case No. 13089 of 2022 and computer case nо
Т202205200113089 ( Seshnath Singh vs Bhagawati) u/s 34
of U.P Revenue code 2006),, pending before him
expeditiously, preferably within stipulated period as fixed by
this Hon'ble Court."
3. Learned counsel for the petitioner states that the aforesaid
restoration application 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. 17971 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 application, in
accordance with law, expeditiously, preferably within a period of
twelve weeks 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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