Allahabad High Court
SMT. KALYANI DEVIversusSTATE OF U.P. AND 4 OTHERS
- Decided
- Bench
- MANISH KUMAR NIGAM
Holding
The Court directed Respondent No.2 to decide the restoration application within twelve weeks, thereby granting the writ of mandamus.
Summary
The petitioner, Smt. Kalyani Devi, filed a writ petition before the Allahabad High Court seeking a mandamus directing Respondent No.2, the Sub‑Divisional Magistrate, to decide a restoration application filed on 17‑07‑2023 under Section 116 of the U.P. Revenue Code, 2006. The petition alleged that despite several dates being fixed, the application remained pending without any decision. The Court examined the petition and noted that continued delay served no useful purpose. Consequently, the Court ordered the petition to be disposed of finally. It directed Respondent No.2 to consider and decide the restoration application expeditiously, preferably within twelve weeks of the certified copy of the order, after serving all parties and without unnecessary adjournments. The order thus provides a specific time‑frame for the administrative authority to act on the pending application.
Issues considered
- Whether a writ of mandamus can be issued to compel the Sub‑Divisional Magistrate to decide a pending restoration application under Section 116 of the U.P. Revenue Code, 2006.
- Whether the delay in deciding the application justifies judicial intervention and a specific time‑bound direction.
Legislation cited
- U.P. Revenue Code, 2006 — s. 116
Subjects
- writ petition
- mandamus
- restoration application
- administrative delay
- U.P. Revenue Code
- Section 116
- expeditious decision
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
WRIT - C No. - 18999 of 2026
Smt. Kalyani Devi
.....Petitioner(s)
Versus
State Of U.P. And 4 Others
.....Respondent(s)
Counsel for Petitioner(s) : Sandeep Kumar Tiwari
Counsel for Respondent(s) : Azad Rai, C.S.C.
Court No. - 36
HON'BLE MANISH KUMAR NIGAM, J.
1. Heard learned counsel for the petitioner and perused the record.
2. The instant writ petition has been filed for following relief:
" i- issue a writ order or direction in nature of mandamus directing the respondent no.
2 to decide the Restoration Application dated 17-07-2023 filed by petitioner in Case
no. RST/5907/2026 bearing its Computerized Case no. T202602030505907 (Kalyani
Devi versus Madan Mohan & others), under section 116 of U.P. Revenue Code-2006
pending before the Sub Divisional Magistrate (Tehsil Level), Judicial, Tehsil
Karchhana, District Prayagraj within a stipulated period as fixed by this Hon'ble
Court."
3. Contention of the learned counsel for the petitioner is that restoration application 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 the
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, 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 14, 2026
Nitika Sri.
(Manish Kumar Nigam,J.)
Digitally signed by :-
NITIKA SRIVASTAVA
High Court of Judicature at Allahabad
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