Allahabad High Court
VIVEKANAND AND 2 OTHERSversusSTATE OF U.P. AND 3 OTHERS
- Decided
- Bench
- MANISH KUMAR NIGAM
Holding
The Court ordered the Commissioner to decide the pending stay application within eight weeks, thereby granting the writ of mandamus.
Summary
The petitioners filed a writ petition seeking a mandamus directing the Commissioner, Prayagraj Division, to decide a stay application dated 04-04-2026 filed in Revision No. C 202602000000593 under Section 210 of the Uttar Pradesh Revenue Code, 2006. They contended that the stay application had been pending despite several dates being fixed and that no useful purpose would be served by keeping the writ petition pending. The Court examined the petition and found that the relief sought could be granted by ordering the respondent to decide the stay application expeditiously. Accordingly, the Court disposed of the writ petition and directed the Commissioner to decide the stay application within eight weeks of the certified copy of the order, after service on all parties and without unnecessary adjournments. The order was signed by Justice Manish Kumar Nigam on 14 May 2026.
Issues considered
- Whether the High Court can issue a writ of mandamus directing the Commissioner to decide a pending stay application under Section 210 of the U.P. Revenue Code, 2006.
- Whether the petitioner is entitled to an expeditious decision on the stay application to prevent further prejudice.
Legislation cited
- Uttar Pradesh Revenue Code, 2006 — s. 210
Subjects
- mandamus
- stay application
- U.P. Revenue Code
- Section 210
- land dispute
- expeditious disposal
- writ petition
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
WRIT - C No. - 18958 of 2026
Vivekanand And 2 Others
.....Petitioner(s)
Versus
State Of U.P. And 3 Others
.....Respondent(s)
Counsel for Petitioner(s) : Manoj Yadav
Counsel for Respondent(s) : C.S.C.
Court No. - 36
HON'BLE MANISH KUMAR NIGAM, J.
1. Heard learned counsel for the petitioners and perused the record.
2. The instant writ petition has been filed for following relief:
"Issue a writ, order or direction in the nature of mandamus
directing/commanding the respondent No.2/ Commissioner Prayagraj
Division Prayagraj to decide the stay application dated 04.04.2026 filed by
the petitioners in Revision No. C 202602000000593 (Vivekanand and others
Vs. Mohd. Sarvar and others) U/s 210 U.P Revenue code 2006 within
stipulated period which is pending before him.
Issue a writ, order or direction in the nature of mandamus
directing/commanding the respondents not to change the nature of land and
maintain status quo upon the land in dispute till the disposal of aforesaid
stay application pending before the respondent No.2"
3. Contention of the learned counsel for the petitioners is that stay
application filed in revision is pending consideration and the same has not
been decided despite several dates have been fixed. He prayed that the same
may be decided, expeditiously.
4. In view of above, no useful purpose would be served in keeping this
petition pending.
5. Accordingly, the present petition stands disposed of finally with a
direction to respondent No. 2 to consider and decide the stay application
dated 04.04.2026, in accordance with law, expeditiously, preferably within a
WRIC No. 18958 of 2026
2
period of eight weeks from the date of production of a certified copy of this
order after ensuring service upon all the opposite parties, 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 14, 2026
Nitika Sri.
Digitally signed by :-
NITIKA SRIVASTAVA
High Court of Judicature at Allahabad
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