Allahabad High Court
TRIBHUWAN NARAYAN SINGHversusSTATE OF U.P. AND 13 OTHERS
- Decided
- Bench
- CHANDRA KUMAR RAI
Holding
The court directed the Additional Commissioner to decide the pending appeal within four months, thereby granting the writ of mandamus.
Summary
The petitioner filed a writ petition seeking a mandamus directing the Additional Commissioner (Administration) of Varanasi Division to decide an appeal (computerized case no. C202514000000543) pending under Section 207 of the U.P. Revenue Code, 2006. The appeal, arising from a suit for division of holding, had been pending since 22 January 2025 without progress. The petitioner argued that the delay violated the requirement for expeditious disposal of appeals. The High Court examined whether the court could compel the administrative authority to act within a reasonable time. It held that the court could issue a mandamus directing the Commissioner to decide the appeal promptly. Accordingly, the court ordered the Commissioner to decide the appeal within four months of receiving a certified copy of the order, after affording a hearing to the parties.
Issues considered
- Whether a writ of mandamus can be issued to compel the Additional Commissioner (Administration) 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. 207
Subjects
- mandamus
- administrative law
- U.P. Revenue Code
- Section 207
- appeal delay
- High Court of Allahabad
- division of holding
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
WRIT - C No. - 28078 of 2026
Tribhuwan Narayan Singh
.....Petitioner(s)
Versus
State Of U.P. And 13 Others
.....Respondent(s)
Counsel for Petitioner(s) : Mayank Shekhar Singh, Suresh
Bahadur Singh
Counsel for Respondent(s) : C.S.C.
Court No. - 37
HON'BLE CHANDRA KUMAR RAI, J.
1. Heard Sri Mayank Shekhar Singh, learned counsel for the petitioner, Sri
Awadesh Kumar Patel, learned Standing Counsel for the State.
2. The instant petition has been filed for following reliefs:-
I. Issue a writ, order or direction in the nature of writ of mandamus
directing / commanding the No. 2 (Additional Commissioner
(Administration) Varanasi Division Varanasi) to 543/2025 decide the
appeal computerized case no no C202514000000543 (Tribhuwan
Narayan Singh Vs Kapildev Singh and others) under section 207 U.P
Revenue Code 2006 within span of time.
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
3. Learned counsel for the petitioner submitted that appeal filed on behalf of
the petitioner arising out of suit for division of holding is pending before
respondent no. 2-Additional Commissioner since 22.01.2025. He further
placed the order sheet of 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
finally disposed of directing the respondent no. 2-Additional Commissioner,
District-Varanasi to decide the aforementioned appeal, after affording proper
WRIC No. 28078 of 2026
2
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 9, 2026
Neetu
Digitally signed by :-
NEETU SINGH
High Court of Judicature at Allahabad
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