Allahabad High Court
SHRIKANTversusSTATE OF U.P. AND 13 OTHERS
- Decided
- Bench
- CHANDRA KUMAR RAI
Holding
The Court held that the Sub‑Divisional Magistrate must decide the pending suit within four months, and therefore issued a mandamus directing such determination.
Summary
The petitioner filed a writ petition seeking a mandamus directing the Sub‑Divisional Magistrate (respondent No.2) to decide a suit for division of holding filed under Section 116 of the Uttar Pradesh Revenue Code, 2006, which had been pending since 15 May 2023. The petitioner argued that the proceeding was not being conducted expeditiously. The Court examined whether the magistrate’s delay amounted to a failure to perform a statutory duty and whether a writ of mandamus could be issued to compel a decision. Finding that the delay was unjustified, the Court directed the magistrate to decide the suit within four months of the order, after giving parties a proper hearing. The petition was disposed with costs awarded to the petitioner.
Issues considered
- Whether the Sub‑Divisional Magistrate’s delay in deciding the suit under Section 116 of the U.P. Revenue Code, 2006, constitutes a breach of statutory duty warranting mandamus.
- Whether the High Court can issue a writ of mandamus directing the magistrate to decide the suit within a specified time.
Legislation cited
- Uttar Pradesh Revenue Code, 2006 — s. 116
Subjects
- mandamus
- writ petition
- delay
- U.P. Revenue Code
- Section 116
- Sub‑Divisional Magistrate
- civil procedure
- Uttar Pradesh
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
WRIT - C No. - 27775 of 2026
Shrikant
.....Petitioner(s)
Versus
State Of U.P. And 13 Others
.....Respondent(s)
Counsel for Petitioner(s) : Mithilesh Kumar Ojha
Counsel for Respondent(s) : C.S.C.
Court No. - 37
HON'BLE CHANDRA KUMAR RAI, J.
1. Heard Sri Mithlesh Kumar Ojha, learned counsel for the petitioner and
Sri Shridhar Tripathi, learned Standing Counsel for the State.
2. The instant petition has been filed for the following reliefs:_
"I. issue a writ, order or direction in the nature of mandamus to
directing and commanding to the respondent No.2 to decide the Case
No. T202302030503114 of 2023 (Shrikant Vs. Ramakant and 11
Others) under Section 116 of U.P. Revenue Code within time bound
period as fixed by this Hon'ble Court.
II. issue any suitable writ order or direction which this Hon'ble Court
may deem fit and proper under the facts and circumstances of the case
in the interest of justice.
III. Award cost of the writ petition in favour of petitioner."
3. Learned counsel for the petitioner submitted that suit for division of
holding under Section 116 of the U.P. Revenue Code, 2006 filed on
behalf of the petitioner is pending before respondent no. 2-Sub-Divisional
Magistrate since 15.05.2023. He 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, the instant petition
is disposed of directing the respondent no. 2-Sub-Divisional Magistrate,
WRIC No. 27775 of 2026
2
Prayagraj to decide the aforementioned suit proceeding within a period of
four months from the date of production of a certified copy of this order,
after affording proper opportunity of hearing to the parties.
(Chandra Kumar Rai,J.)
September 8, 2026
Neetu
Digitally signed by :-
NEETU SINGH
High Court of Judicature at Allahabad
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