Allahabad High Court
KISHORI DEVI AND ANOTHERversusSTATE OF U.P. AND 21 OTHERS
- Decided
- Bench
- VIVEK SARAN
Holding
The Court directed the respondent authority to decide the pending declaratory suit expeditiously, preferably within one year, as there is no legal impediment.
Summary
Petitioners Kishori Devi and another filed a writ petition before the Allahabad High Court seeking a mandamus directing Respondent No.2, the Sub‑Divisional Magistrate of Kasimabad, to decide Declaratory Suit No.119 of 2015, which has been pending since 10 February 2015. The petitioners argued that the suit required expeditious disposal, preferably within three months, and offered to file a fresh writ petition for any other suit if needed. The respondents raised no objection to the prayer. The Court examined whether any legal impediment existed to ordering the pending suit’s disposal and found none. Consequently, the Court disposed of the writ petition, directing the respondent authority to decide the declaratory suit within one year of the order, provided no legal obstacle arises.
Issues considered
- Whether a writ of mandamus can be issued to compel a lower authority to decide a pending declaratory suit expeditiously
- Whether any legal impediment exists to directing the disposal of the suit within a stipulated period
Subjects
- writ petition
- mandamus
- declaratory suit
- expeditious disposal
- high court
- procedural delay
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
WRIT - C No. - 21191 of 2026
Kishori Devi And Another
.....Petitioner(s)
Versus
State Of U.P. And 21 Others
.....Respondent(s)
Counsel for Petitioner(s) : Hariom Upadhyay,
Santosh Kumar
Chaubey
Counsel for Respondent(s) : Bhupendra Kumar
Tripathi, C.S.C.
Court No. - 5
HON'BLE VIVEK SARAN, J.
1. Pursuant to the earlier order dated 09.07.2026, learned
Standing Counsel has produced instructions dated 31.08.2026
before the Court under the signatures of Sub-Divisional
Magistrate, Tehsil- Kasimabad, District Ghazipur, the same
are taken on record.
2. The instant petition has been filed for the following relief:
"A. Issue a writ, order or direction in the nature
of mandamus directing to the respondent no.2 to
decide the Declaratory Suit Nos.119 of 2015
(Kishori Devi & another vs. State of U.P. &
others) (Computerized Case
No.T202514291110640), expeditiously within a
stipulated period, if possible within three months
which is pending before him since 10.02.2015."
3. Learned counsel for the petitioner submits that the
Declaratory Suit No.119 of 2015 be directed to be decided
expeditiously whereas for the other suit he will be filing fresh
writ petition for similar relief, if so advised.
4. Learned Standing Counsel and learned counsel for the
respondents does not have any objection to the above prayer.
5. In such above view of the matter, this petition stands
disposed of with direction to the respondent authority to
decide the Declaratory Suit No.119 of 2015 (Kishori Devi &
another vs. State of U.P. & others) (Computerized Case
WRIC No. 21191 of 2026
2
No.T202514291110640) of the petitioner expeditiously
preferably within a period of one year from the date of
production of certified copy of this order alongwith copy of
this writ petition provided there is no legal impediment.
September 23, 2026
Deepika
(Vivek Saran,J.)
Digitally signed by :-
DEEPIKA SINGH
High Court of Judicature at Allahabad
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