Allahabad High Court
PREM SINGH AND 2 OTHERSversusSTATE OF U.P. AND 3 OTHERS
- Decided
- Bench
- CHANDRA KUMAR RAI
Holding
The court directs the Sub‑Divisional Magistrate to decide the pending proceeding within two months, thereby ordering expeditious disposal.
Summary
Prem Singh and two others filed a writ petition seeking a direction to the Sub‑Divisional Magistrate of Tehsil‑Khair, Aligarh, to decide a pending revenue proceeding (case No. 3817 of 2021, State v. Suresh) that had been remanded under Section 38(4) of the U.P. Revenue Code, 2006. The petitioners alleged that although the appellate court had fixed a three‑month period for a fresh decision under Section 38(2), more than four years had elapsed without any order. The court, without addressing the merits of the underlying revenue dispute, ordered the magistrate to dispose of the matter expeditiously, preferably within two months of the order, after hearing both parties. The petition was consequently disposed.
Issues considered
- Whether the Sub‑Divisional Magistrate’s delay in deciding the revenue proceeding under Section 38(2) of the U.P. Revenue Code, 2006 violates the statutory time‑frame and warrants judicial intervention.
Legislation cited
- U.P. Revenue Code, 2006 — s. 38(2), 38(4)
Subjects
- writ petition
- delay in adjudication
- U.P. Revenue Code
- Section 38
- expeditious disposal
- administrative law
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
WRIT - C No. - 27459 of 2026
Prem Singh And 2 Others
.....Petitioner(s)
Versus
State Of U.P. And 3 Others
.....Respondent(s)
Counsel for Petitioner(s) : Kanchan Chaudhary
Counsel for Respondent(s) : C.S.C., Krishna Kant Singh
Court No. - 37
HON'BLE CHANDRA KUMAR RAI, J.
1.Heard learned counsel for the petitioner, Mr. Nand Lal Maurya,
learned Standing Counsel for the State-respondents and Mr. Krishna
Kant Singh, learned counsel for the Land Management Committee.
2.The instant petition has been filed for the following relief:-
"1. Issue a writ, order or direction to respondent no.3-
Sub Divisional respondent Magistrate to decide the
case no. 3817 of 2021, computer no. T202118020183817
(State Vs. Suresh and others) within stipulated period
as fixed by this Hon'ble Court."
ii. Issue a writ, order or direction to respondent no.3
name of the petitioners to be recorded in the revenue
record."
3. Learned counsel for the petitioner submitted that the proceeding
under Section 38 (2) of U .P. Revenue Code, 2006 is pending before
respondent no.3-Sub Divisional respondent Magistrate, Tehsil-Khair,
District-Aligarh in pursuance of the remand order dated 08.04.2022
passed in appeal under Section 38 (4) of U.P. Revenue code, 2006.
She submitted that three months' time was fixed by the appellate
court to decide the proceeding under Section 38 (2) of the U.P.
Revenue Code, 2006 afresh but even after after expiry of more than 4
years, the matter has not been decided. She further placed certified
copy of the case summary, which has been annexed as Annexure
No.7 to the writ petition in order to demonstrate that the case is not
proceeding expeditiously.
4. Considering the facts and circumstances of the case, without
WRIC No. 27459 of 2026
2
expressing any opinion on the merits of the issue, the present petition
stands disposed of finally directing the respondent no.3-Sub
Divisional respondent Magistrate, Tehsil-Khair, District-Aligarh to
decide the aforementioned proceeding in accordance with law
expeditiously and preferably within a period of two months from the
date of production of certified copy of this order after giving
opportunity of hearing to both the parties.
September 18, 2026
PS*
(Chandra Kumar Rai,J.)
Digitally signed by :-
PRITI SHARMA
High Court of Judicature at Allahabad
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