Allahabad High Court

SMT. NEELAM KESARI AND ANOTHERversusSTATE OF U.P. AND 15 OTHERS

Decided: 22 September 2026
Bench: VIVEK SARAN

Holding

The Court held that it may direct the Sub‑Divisional Officer to decide the pending restoration application within six months, without delving into the merits of the case.

Summary

The petitioners, Neelam Kesari and another, filed a writ petition before the Allahabad High Court seeking a mandamus directing the Sub‑Divisional Officer, Phoolpur, to expedite the decision on their restoration application (Case No. RST/4515 of 2023) pending in case 3807 of 2017 under Section 24 of the U.P. Revenue Code, 2006. The respondents, the State of U.P. and others, raised no objection to the prayer. After hearing counsel, the Court declined to examine the merits of the underlying revenue dispute and focused solely on the procedural delay. It ordered the SDO to decide the restoration application within six months of the certified copy of the order, after affording a hearing to all concerned, provided no legal impediment exists. The order was pronounced by Justice Vivek Saran on 23 September 2026 and the writ petition was disposed.

Issues considered

Whether the High Court can issue a mandamus directing the Sub‑Divisional Officer to decide a pending restoration application within a fixed time period
Whether any legal impediment exists that would preclude such a directional order

Legislation cited

U.P. Revenue Code, 2006 — s. 24

Subjects

writ petition
mandamus
restoration application
U.P. Revenue Code
administrative law
procedural direction

Judgment

          HIGH COURT OF JUDICATURE AT ALLAHABAD
                         WRIT - C No. - 25814 of 2026

Smt. Neelam Kesari And Another
                                                                .....Petitioner(s)
                                     Versus

State Of U.P. And 15 Others
                                                              .....Respondent(s)

Counsel for Petitioner(s)                      :    Pradyumna Kumar
Counsel for Respondent(s)                      :    Azad Rai, C.S.C.

Court No. - 5
                       HON'BLE VIVEK SARAN, J.

1. Heard Sri Pradyumna Kumar, learned counsel for the petitioners, learned
Standing Counsel for the State-Respondents and perused the record.

2. Present writ petition has been filed, inter-alia, with the following prayers:-

     "Issue a writ, order or direction in the nature of mandamus,
     commanding and directing the respondent no. 2, Sub Divisional
     Officer, Phoolpur, District- Prayagraj to expedite the Restoration
     Application bearing Case No. RST/4515 of 2023 (Computer Case
     No. T2023020304515) filed in Case No. 3807 of 2017 (Computer
     Case No. T201702323023807) Neelam Kesari and Others Versus
     Gaon Sabha U/s 24 of U.P. Revenue Code, 2006, within
     stipulated time to be fixed by this Hon'ble Court."

3. Learned counsel for the petitioner prays that the pending restoration
application be decided by the respondent no.2 within some time bound
manner.

4. Learned Standing Counsel do not have any objection to the said prayer.

5. In this view of the matter, without entering into the merits of the case, the
writ petition is disposed of directing the respondent no.2/Sub Divisional
Officer, Phoolpur, District Prayagraj to decide the aforesaid restoration
application filed by the petitioner within a period of six months from the
date of production of certified copy of this order after affording opportunity
of hearing to all concerned strictly in accordance with law provided there is
                                                               WRIC No. 25814 of 2026
                                                           2


                                    no legal impediment.



                                                                  (Vivek Saran,J.)
                                    September 23, 2026
                                    Gaurav Kuls




Digitally signed by :-
GAURAV KULSHRESTHA
High Court of Judicature at Allahabad

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