Allahabad High Court

MALAKHversusSTATE OF U.P. AND 15 OTHERS

Decided: 22 September 2026
Bench: VIVEK SARAN

Holding

The High Court directed the Tehsildar to decide the application expeditiously, without entering into the merits of the case.

Summary

The petitioner, Malakh, filed a writ petition seeking the speedy disposal of an application filed on 18‑02‑2026 under Section 24 of the U.P. Revenue Code, 2006. The respondent State of U.P. and others indicated that notices had already been issued to private respondents and the matter would proceed on its merits, but they did not oppose an expeditious disposal. The Court, without examining the merits of the underlying application, directed the Tehsildar of Tehsil Tamkuhiraj, District Kushinagar, to decide the application promptly, taking note of pending cases and ensuring a hearing for all parties without unnecessary adjournments, provided no legal impediment exists. The order was issued by Justice Vivek Saran. The petition was therefore disposed with a directive for expeditious adjudication.

Issues considered

Whether the High Court can order the Tehsildar to decide the pending application under Section 24 of the U.P. Revenue Code, 2006, expeditiously without delving into its merits?

Legislation cited

U.P. Revenue Code, 2006 — s. 24

Subjects

writ petition
expeditious disposal
Section 24
U.P. Revenue Code
administrative law
hearing
adjournments

Judgment

                                                  HIGH COURT OF JUDICATURE AT ALLAHABAD
                                                             WRIT - C No. - 25996 of 2026

                                    Malakh
                                                                                                   .....Petitioner(s)
                                                                        Versus

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

                                    Counsel for Petitioner(s)                    :   Damodar Pandey
                                    Counsel for Respondent(s)                    :   C.S.C., Sudhir Bharti

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

                                    1. Heard Sri Damodar Pandey, learned counsel for the petitioner, learned
                                    Standing Counsel for the State-Respondents and perused the record.

                                    2. Learned counsel for the petitioner submits that the instant petition has
                                    been filed for expeditious disposal of application dated 18.2.2026/24/2.2026
                                    preferred by the petitioner under Section 24 of U.P. Revenue Code, 2006.

                                    3. Per contra, learned Standing Counsel on the basis of instructions
                                    submitted that notices have already been issued to the private respondents
                                    and thereafter the matter shall be proceeded on its merits. He however, does
                                    not oppose for expeditious disposal of the case.

                                    4. In such view of the matter, without entering into the merits of the case, the
                                    writ petition is disposed of directing the respondent no.4/Tehsildar, Tehsil
                                    Tamkuhiraj, District Kushinagar to decide the aforesaid application
                                    expeditiously taking into note the pendency of the cases as per roster after
                                    affording opportunity of hearing to all concerned strictly in accordance with
                                    law without granting any unnecessary adjournments to either of the parties
                                    provided there is 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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