Allahabad High Court
NARENDRA SINGHversusSTATE OF U.P. AND 23 OTHERS
- Decided
- Bench
- CHANDRA KUMAR RAI
Holding
The Court directed the Additional Commissioner (Judicial) II, Agra Division to decide the pending appeal within four months, thereby granting the writ of mandamus.
Summary
The petitioner, Narendra Singh, filed a writ petition seeking a mandamus directing the Additional Commissioner (Judicial) II, Agra Division, to decide an appeal (No. 1909 of 2025) filed under Section 207 of the U.P. Revenue Code, 2006. The appeal, arising from proceedings under Section 144 of the same code, had been pending since 27 May 2025 without any substantive progress. The petitioner argued that the delay would cause irreparable loss and injury. The Court examined whether it could compel a revenue officer to adjudicate the pending appeal within a reasonable time. Finding that the delay was unjustified and that the petitioner’s rights were being prejudiced, the Court issued a direction for the Additional Commissioner to decide the appeal expeditiously, preferably within four months of the order. The petition was consequently disposed with the direction to afford a proper hearing to the parties.
Issues considered
- Whether the High Court can issue a writ of mandamus directing the Additional Commissioner to decide a pending appeal under Section 207 of the U.P. Revenue Code, 2006 within a stipulated time.
Legislation cited
- U.P. Revenue Code, 2006 — s. 144, 207
Subjects
- mandamus
- writ petition
- U.P. Revenue Code
- appeal
- administrative delay
- judicial review
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
WRIT - C No. - 27797 of 2026
Narendra Singh
.....Petitioner(s)
Versus
State Of U.P. And 23 Others
.....Respondent(s)
Counsel for Petitioner(s) : Dwijendra Prasad
Counsel for Respondent(s) : Avinash Chandra Srivastava, C.S.C.
Court No. - 37
HON'BLE CHANDRA KUMAR RAI, J.
1. Heard Sri Dwijendra Prasad, learned counsel for the petitioner, Sri Anil
Kumar Yadav, learned Standing Counsel for the State and Sri Avinash
Chandra Srivastava, learned counsel for the Gaon Sabha.
2. The instant petition has been filed for following reliefs:-
"i) Issue a writ, order or direction in the nature of mandamus
directing the Additional Commissioner (Judicial) IInd Agra Division
Agra to decide the appeal no. 1909 of 2025 (Computerized Case No.
C20251000001909) (Nihal Singh and other V/S Arad Singh) under
Section 207 of U.P. Revenue Code filed by the petitioner and others
within stipulated time fixed by this Hon'ble Court otherwise the
petitioners shall suffer irreparable loss and injury during the
pendency of this writ petition.
ii. Pass such other and further order, which this Hon'ble Court deem
fit and proper under the facts and circumstances of the case.
iii) To award the cost of the writ petition."
3. Learned counsel for the petitioner submitted that appeal under Section 207
of the U.P. Revenue Code, 2006 arising out of proceeding under Section 144
of the U.P. Revenue Code, 2006 is pending before the respondent no. 2-
Additional Commissioner since, 27.05.2025. He further placed the order
sheet of pending proceeding in order to demonstrate that matter is not
proceeding, expeditiously.
WRIC No. 27797 of 2026
2
4. Considering the facts and circumstances of the case, the instant petition is
finally disposed of directing the respondent no. 2-Additional Commissioner
(Judicial) IInd, District-Agra to decide the aforementioned appeal, after
affording proper opportunity of hearing to the parties expeditiously,
preferably within a period of four months from the date of production of a
certified copy of this order.
(Chandra Kumar Rai,J.)
September 8, 2026
Neetu
Digitally signed by :-
NEETU SINGH
High Court of Judicature at Allahabad
Checking your session…