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Allahabad High Court

RAJ KUMARversusSTATE OF U.P. AND 7 OTHER

Decided

Holding

The Court directed the respondent to decide the pending appeal expeditiously, within six months, without expressing any view on the merits of the appeal.

Summary

Petitioner Raj Kumar filed a writ petition seeking a direction to the Additional Commissioner (Judicial) IInd Agra Division to decide Appeal No. 218 of 2026, filed under section 207 of the U.P. Revenue Code, 2006, on the ground that the appeal was pending with several dates fixed but no decision rendered, causing potential irreparable loss. The petitioner argued that the delay served no useful purpose and requested expeditious disposal. The Court, after hearing counsel, declined to opine on the merits of the underlying appeal but exercised its writ jurisdiction to ensure administrative efficiency. It ordered the respondent to decide the appeal within six months of the certified copy of the order, after service and hearing, and to avoid unnecessary adjournments, provided no other legal impediment exists. Consequently, the writ petition was disposed of with the directive for prompt adjudication of the pending appeal.

Issues considered

  • Whether the High Court can, under its writ jurisdiction, direct the Additional Commissioner to decide a pending appeal under section 207 of the U.P. Revenue Code, 2006, to prevent irreparable loss to the petitioner.

Legislation cited

Subjects

  • writ petition
  • section 207
  • U.P. Revenue Code
  • expeditious disposal
  • administrative law
  • appeal pending

Judgment

          HIGH COURT OF JUDICATURE AT ALLAHABAD
                          WRIT - C No. - 19297 of 2026

Raj Kumar
                                                                .....Petitioner(s)
                                      Versus

State Of U.P. And 7 Other
                                                              .....Respondent(s)

Counsel for Petitioner(s)            : Pradyumna Kumar
Counsel for Respondent(s)            : Avinash Chandra Srivastava, 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:

     "It is, therefore Most respectfully, prayed that this Hon'ble court may
     graciously be pleased to allow this application directing to Respondent
     no. 2 Additional Commissioner (Judicial) IInd Agra Division Agra to
     decide the Appeal No. 218 of 2026 (Computerized Case No.
     C202601000000218) (Rajkumar and others V/S Sanjay Kumar and
     others) under section 207 of U. P. Revenue Code 2006, during the
     pendency of this writ petition, otherwise the Petitioners shall suffer
     irreparable loss and injury."

3. Learned counsel for the petitioner states that the aforesaid appeal is
pending consideration before respondent no. 2. 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 accordance with law, expeditiously, preferably
within a period of six months from the date of production of a certified copy
                                                                                           WRIC No. 19297 of 2026
                                                                   2


                                    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 18, 2026
                                    Ved Prakash




Digitally signed by :-
VED PRAKASH SHARMA
High Court of Judicature at Allahabad


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