Allahabad High Court
RAMRATANversusSTATE OF U.P. AND 4 OTHERS
- Decided
- Bench
- MANISH KUMAR NIGAM
Holding
The Court directed the Commissioner to decide the pending appeal expeditiously within six months, without expressing any opinion on the merits.
Summary
The petitioner filed a writ petition seeking a mandamus directing the Commissioner of Azamgarh Division to decide appeal No. 441/2023 (Ravikant Pathak v. Subash) pending under Section 38(4) of the U.P. Revenue Code, 2006 since April 2023. The petitioner argued that despite several dates being fixed, the appeal remained undecided and requested expeditious disposal. The Court, after hearing counsel, declined to opine on the merits of the underlying appeal but ordered the Commissioner to decide the appeal within six months of the certified copy of the order, without unnecessary adjournments. The direction was issued subject to service on all parties and an opportunity of hearing. The petition was consequently disposed of with the mandated direction.
Issues considered
- Whether the High Court can issue a mandamus directing the Commissioner to decide a pending appeal under Section 38(4) of the U.P. Revenue Code, 2006.
Legislation cited
- U.P. Revenue Code, 2006 — s. 38(4)
Subjects
- mandamus
- writ petition
- administrative delay
- U.P. Revenue Code
- Section 38(4)
- expeditious disposal
- administrative law
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
WRIT - C No. - 17979 of 2026
Ramratan
.....Petitioner(s)
Versus
State Of U.P. And 4 Others
.....Respondent(s)
Counsel for Petitioner(s) : Vinod Kumar Yadav
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 mandamuses
commanding the respondent no. 2/ Commissioner Azamgarh
Division Azamgarh to decide appeal no. 441/2023,
computerized case no. C202315000000441 Ravikant Pathak
vs. Subash under section 38(4) of U.P. Revenue Code 2006
pending since 3.4.2023 within a month."
3. Learned counsel for the petitioner states that the aforesaid
apepal is pending since 2023. 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
WRIC No. 17979 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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