Allahabad High Court
RAJ KUMARversusSTATE OF U.P. AND 4 OTHERS
- Decided
- Bench
- MANISH KUMAR NIGAM
Holding
The court granted the writ and directed the respondent to decide the pending appeal within three months, issuing a mandamus.
Summary
The petitioner filed a writ petition seeking a mandamus directing the Additional Commissioner (Administration), Prayagraj, to decide Appeal No. 2484 of 2024 (Bahadur Ram Bahadur v. Moti Lal & others) pending under Section 24(4) of the U.P. Revenue Code, 2006. The petitioner alleged that the appeal had been pending since 2024 despite several dates being fixed, causing undue delay. The court, after hearing counsel, noted that keeping the petition pending served no useful purpose and, without addressing the merits of the underlying appeal, ordered the respondent to decide the appeal expeditiously, preferably within three months of the certified copy of the order, after service and hearing of the parties, and to avoid unnecessary adjournments. The direction was issued as a final disposal of the writ petition. No substantive merits of the appeal were examined.
Issues considered
- Whether a writ of mandamus can be issued to compel the Additional Commissioner to decide a pending appeal under Section 24(4) of the U.P. Revenue Code, 2006 within a stipulated time.
Legislation cited
- U.P. Revenue Code, 2006 — s. 24(4)
Subjects
- mandamus
- administrative delay
- U.P. Revenue Code
- expeditious disposal
- appeal proceedings
- public law
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
WRIT - C No. - 19323 of 2026
Raj Kumar
.....Petitioner(s)
Versus
State Of U.P. And 4 Others
.....Respondent(s)
Counsel for Petitioner(s) : Ram Singh Kushwaha
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, learned Standing
Counsel for the State and perused the record.
2. The instant writ petition has been filed for the following relief:
"Issue writ order or direction in the nature a of Mandamus
directing the Respondent No.2 to decide the proceeding of
Appeal No. 2484 of 2024 Computerized Case No.
C202402000002484 (Bahadur Ram Bahadur Vs. Moti Lal
and others) under Section 24 (4) of U.P. Revenue Code 2006,
expeditiously as possible as within short stipulated period,
which is pending in the court of Additional Commissioner
(Administration), Prayagraj Division, Prayagraj."
3. Learned counsel for the petitioner states that the aforesaid
appeal is pending since 2024. 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
WRIC No. 19323 of 2026
2
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
three 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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