Allahabad High Court
GEETA DEVIversusSTATE OF U.P. AND 3 OTHERS
- Decided
- Bench
- MANISH KUMAR NIGAM
Holding
The Court directed the respondent to decide the pending appeal expeditiously, preferably within six months, without granting unnecessary adjournments.
Summary
The petitioner, Geeta Devi, filed a writ petition seeking a mandamus directing the Upziladhikari/Sub Divisional Magistrate of Tehsil Lalganj, Mirzapur, to decide an appeal (No. T202516530205562 2025) pending under Section 35(2) of the U.P. Revenue Code, 2006. The petitioner alleged that the appeal had been pending since 2025 despite several dates being fixed, causing undue delay. The Court, after hearing counsel, declined to opine on the merits of the underlying appeal but emphasized the need for expeditious disposal. It issued a direction to the respondent to decide the appeal within six months of the certified copy of the order, ensuring service and hearing, and to avoid unnecessary adjournments. The petition was consequently disposed of with the mandated direction.
Issues considered
- Whether a writ of mandamus can be issued to compel the Upziladhikari/Sub Divisional Magistrate to decide a pending appeal under Section 35(2) of the U.P. Revenue Code, 2006.
- Whether the delay in deciding the appeal violates the principles of expeditious justice.
Legislation cited
- U.P. Revenue Code, 2006 — s. 35(2)
Subjects
- mandamus
- writ petition
- U.P. Revenue Code
- Section 35(2)
- administrative delay
- appeal disposal
- expeditious justice
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
WRIT - C No. - 19311 of 2026
Geeta Devi
.....Petitioner(s)
Versus
State Of U.P. And 3 Others
.....Respondent(s)
Counsel for Petitioner(s) : Vivek Kumar Tripathi
Counsel for Respondent(s) : 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 and directing the Upziladhikari /Sub Divisional
Magistrate Tehsil Lalganj District Mirzapur, respondent no.2
to decide the Appeal No. T202516530205562 2025 (Geeta
Devi Vs. Ram Pravesh and others) under section 35(2) of
U.P Revenue Code 2006 pending before Upziladhikari/Sub
Divisional Magistrate Tehsil Lalganj District Mirzapur
expeditiously within stipulated period as fixed by this Hon'ble
Court."
3. Learned counsel for the petitioner states that the aforesaid
appeal 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
WRIC No. 19311 of 2026
2
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 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 18, 2026 (Manish Kumar Nigam,J.)
Ved Prakash
Digitally signed by :-
VED PRAKASH SHARMA
High Court of Judicature at Allahabad
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