Allahabad High Court
ASHOK KUMARversusSTATE OF UP AND 8 OTHERS
- Decided
- Bench
- MANISH KUMAR NIGAM
Holding
The Court directed the Sub‑Divisional Magistrate to decide the stay application within six weeks, thereby granting the writ of mandamus.
Summary
The petitioner filed a writ petition seeking a mandamus directing the Sub‑Divisional Magistrate of Badalapur, Jaunpur to decide a stay application filed on 21‑08‑2025 in a declaratory suit under section 144 of the U.P. Revenue Code, 2006. The stay application had remained pending despite several dates being fixed. The Court, without delving into the merits of the underlying suit, ordered that the SDM decide the stay application expeditiously, preferably within six weeks of the certified copy of the order, after service and hearing, and not to grant unnecessary adjournments. The petition was disposed of with this direction. The order was signed by Justice Manish Kumar Nigam on 7 May 2026.
Issues considered
- Whether the High Court can issue a writ of mandamus directing a Sub‑Divisional Magistrate to decide a pending stay application within a stipulated time
Legislation cited
- U.P. Revenue Code, 2006 — s. 144
Subjects
- mandamus
- writ jurisdiction
- administrative law
- delay
- U.P. Revenue Code
- stay application
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
WRIT - C No. - 18001 of 2026
Ashok Kumar
.....Petitioner(s)
Versus
State Of Up And 8 Others
.....Respondent(s)
Counsel for Petitioner(s) : Aradhana Singh, Ravi Pratap Narayan
Singh, Sunil Kumar Singh
Counsel for Respondent(s) : C.S.C., Harsh Vardhan Singh
Court No. - 36
HON'BLE MANISH KUMAR NIGAM, J.
1. Heard learned counsel for the petitioner, Shri Harsh Vardhan Singh,
learned counsel for the 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 Sub Divisional Magistrate, Tehsil - Badalapur, District
- Jaunpur to decide the Stay Application dated 21.08.2025 filed by
petitioner in Declaratory Suit No. 12403 of 2025 (Computerize Case No.
T202514360212403) (Ashok Kumar Vs. Shasi) under section 144 of U.P.
Revenue Code 2006, pending before the Sub Divisional Magistrate,
Badalapur, Jaunpur, within stipulated period as fixed by this Hon'ble
Court."
3. Learned counsel for the petitioner states that the aforesaid stay application
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
WRIC No. 18001 of 2026
2
aforementioned stay application, in accordance with law, expeditiously,
preferably within a period of six 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.
(Manish Kumar Nigam,J.)
May 7, 2026
Ved Prakash
Digitally signed by :-
VED PRAKASH SHARMA
High Court of Judicature at Allahabad
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