Allahabad High Court
SMT GEETAversusSTATE OF U.P. AND 5 OTHERS
- Decided
- Bench
- CHANDRA KUMAR RAI
Holding
The Court directed the Chief Revenue Officer to decide the pending Section 28 proceeding within three months, thereby granting the mandamus.
Summary
Smt Geeta filed a writ petition seeking a mandamus directing the Chief Revenue Officer, District Azamgarh, to expedite a pending proceeding (Case No.834 of 2024) under Section 28 of the Uttar Pradesh Land Revenue Act, 1901. The proceeding had initially been allowed by the Chief Revenue Officer on 16‑10‑2014 but was later set aside on revision and remitted back on 12‑5‑2022 for fresh consideration. The petitioner argued that the matter was not being progressed expeditiously. The Court, without commenting on the merits, ordered the revenue officer to decide the matter within three months of the certified copy of the order, after hearing the parties and without unnecessary adjournments. The direction was issued as a mandamus to ensure compliance with the statutory requirement of speedy disposal.
Issues considered
- Whether the High Court can issue a writ of mandamus directing the Chief Revenue Officer to decide a Section 28 proceeding expeditiously
- Whether the delay in the pending proceeding violates the statutory mandate for speedy disposal under the U.P. Land Revenue Act, 1901
Legislation cited
Subjects
- mandamus
- expeditious disposal
- U.P. Land Revenue Act
- Section 28
- writ petition
- administrative law
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
WRIT - C No. - 27393 of 2026
Smt Geeta
.....Petitioner(s)
Versus
State Of U.P. And 5 Others
.....Respondent(s)
Counsel for Petitioner(s) : Chandan Kumar Chaturvedi, Ravindra
Kumar Srivastava
Counsel for Respondent(s) : C.S.C.
Court No. - 37
HON'BLE CHANDRA KUMAR RAI, J.
1. Heard Mr. Chandan Kumar Chaturvedi, learned Counsel for the
petitioner and Mr. R.C. Srivastava, learned Additional Chief Standing
Counsel for the State respondents.
2. The instant writ petition has been filed for the following relief:-
"issue a writ, order or direction in the nature of mandamus directing
the Respondent no.3 to expedite the Case No.834 of 2024 (Computerized
Case No.D202415060000834) (Smt. Geeta Vs. Pataroo) under Section
28 of U.P. L.R. Act, 1901, pending before him expeditiously within
stipulated period as may be fixed by this Hon'ble Court;"
3. Counsel for the petitioner submitted that proceeding under Section
28 of U.P. Land Revenue Act, 1901 initiated at the instance of
petitioner was initially allowed by the Chief Revenue Officer vide
order dated 16.10.2014 but in revision filed by private respondents,
the order dated 16.10.2014 has been set aside and matter has been
remitted back vide order dated 12.5.2022 to decide the proceeding
under Section 28 of U.P. Land Revenue Act, 1901 afresh. He further
placed the order sheet of the pending proceeding in order to
demonstrate that matter is not proceeding expeditiously.
4. Considering the facts and circumstances of the case, without
expressing any opinion on the merits of the issue, the present petition
stands disposed of finally with a direction to respondent No.3, Chief
WRIC No. 27393 of 2026
2
Revenue Officer, District Azamgarh to consider and decide the
aforementioned proceeding in accordance with law expeditiously and
preferably within a period of three months from the date of
production of certified copy of this order after giving opportunity of
hearing to the parties concerned and without granting unnecessary
adjournments to either of the parties.
(Chandra Kumar Rai,J.)
September 11, 2026
Vandana Y.
Digitally signed by :-
VANDANA YADAV
High Court of Judicature at Allahabad
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