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Allahabad High Court

ANITA DEVIversusSTATE OF U.P. AND 4 OTHERS

Decided

Holding

The Court directed the Nayab Tehsildar to decide the pending application within twelve weeks, effectively granting the writ of mandamus.

Summary

Petitioner Anita Devi filed a writ petition seeking a mandamus directing the Nayab Tehsildar of Chandauli to decide her restoration suit (RST/2999 of 2025) filed under Section 209(h) of the U.P. Revenue Code, 2006. The petition alleged that the application had been pending since 2025 despite several dates being fixed. The Court, after hearing counsel, noted that no merit determination was required and that the delay was unjustified. It ordered the respondent to decide the application expeditiously, preferably within twelve weeks of the certified copy of the order, after serving all parties and providing a hearing, and to avoid unnecessary adjournments. The petition was consequently disposed with the direction to the respondent.

Issues considered

  • Whether the Nayab Tehsildar's failure to decide the restoration suit within a reasonable time amounts to a breach of statutory duty under Section 209(h) of the U.P. Revenue Code, 2006.
  • Whether the High Court can issue a writ of mandamus directing the respondent to decide the pending suit within a specified time.

Legislation cited

Subjects

  • mandamus
  • writ petition
  • administrative delay
  • U.P. Revenue Code
  • Section 209(h)
  • civil suit
  • expeditious disposal

Judgment

    HIGH COURT OF JUDICATURE AT ALLAHABAD
                    WRIT - C No. - 18038 of 2026



Anita Devi
                                                    .....Petitioner(s)
                               Versus

State Of U.P. And 4 Others
                                                    .....Respondent(s)

Counsel for Petitioner(s)         : Anurag Kumar, Yogesh
                                    Kumar Vishwakarma
Counsel for Respondent(s)         : Bhupendra Kumar Tripathi,
                                    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 to the respondent no.2 (Nayab Tehsildar,
     Nervan, Division -Varansi, District - Chandauli, Tehsil -
     Chandauli,) to decide the Suit / Case no RST/2999 of 2025
     (Computerized case no. T202514180102999) (Anita Devi Vs
     Chagur which has been file under section 209 (h) of U.P
     Revenue Code 2006) within specific time."

3. Learned counsel for the petitioner states that the aforesaid
restoration 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.
                                                                                           WRIC No. 18038 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 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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