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Allahabad High Court

PRIYA UPADHYAYversusTHE STATE OF U.P. AND 3 OTHERS

Decided

Holding

The writ petition was disposed of, directing the petitioner to press the pending appeal before the appropriate Sub Divisional Officer, and no mandamus was granted.

Summary

Petitioner Priya Upadhyay filed a writ petition seeking a mandamus directing the Sub Divisional Magistrate (respondent No.2) to decide her pending appeal (Case No. 21688 of 2025) under section 207 of the U.P. Revenue Code, 2006. The appeal arose from orders passed under Section 34 of the U.P. Land Revenue Act, one in 2000 and another in 2025. The petitioner argued that the appeal should be expedited. The court examined the submissions and the record, and concluded that the appropriate remedy was for the petitioner to pursue the appeal before the Court of the Sub Divisional Officer in accordance with law. Consequently, the writ petition was disposed of without granting mandamus, and the petitioner was directed to proceed with the pending appeal before the competent authority.

Issues considered

  • Whether the High Court can issue a mandamus directing the Sub Divisional Magistrate to decide the pending appeal within a stipulated period.

Legislation cited

Subjects

  • mandamus
  • writ petition
  • appeal
  • U.P. Revenue Code
  • U.P. Land Revenue Act
  • sub divisional magistrate
  • procedural delay

Judgment

         HIGH COURT OF JUDICATURE AT ALLAHABAD
                      WRIT - C No. - 28199 of 2026

Priya Upadhyay
                                                        .....Petitioner(s)
                                 Versus

The State Of U.P. And 3 Others
                                                        .....Respondent(s)

Counsel for Petitioner(s) : Anil Kumar Srivastava, Chandan
                            Singh, Rajiv Kumar, Shardendu
                            Mishra, Udai Singh Kushwaha
Counsel for Respondent(s) : C.S.C.

Court No. - 37
                 HON'BLE CHANDRA KUMAR RAI, J.

1. Heard learned cousnel for the petitioner and Mr. Mridul Kumar,
learned Standing Counsel for the State-respondents.

2. The instant writ petition has been filed for the following relief:-

     " i- Issue a writ, order or direction in the nature of
     MANDAMUS          commanding         and     directing     the
     respondent No. 2 to decide the Case No. 21688 of
     2025 (Computerized Case No. T202502030521688)
     (Priya Upadhyay Vs. Arun Kumar and another) under
     section 207 U.P. Revenue Code, 2006 pending before
     the respondent No. 2, within stipulated period."

3. Learned counsel for the petitioner submitted that appeal under
section 207 of U.P. Revenue Code, 2006 filed on behalf of
petitioner arising out of proceeding under Section 34 of U.P. Land
Revenue Act is pending before respondent no.2-Sub Divisional
Magistrate, Tehsil-Karchhana, District-Prayagraj, as such proper
direction be issued for disposal of pending appeal. He further
submitted that aforementioned proceeding should be expedited as
the appeal was filed agaisnt the two orders one was passed in the
year 2000 and another was passed in 2025.

4. I have considered the arguments advanced by learned counsel
                                                                                      WRIC No. 28199 of 2026
                                                                2


                                    for the petitioner and perused the record.

                                    5. Considering the entire facts and circumstances of the case,
                                    instant writ petition is finally disposed of with observation that
                                    petitioner should press his pending appeal in accordance the law
                                    before the Court of Sub Divisional Officer, which will be decided by
                                    Court concern in accordance with law.



                                    September 23, 2026
                                    PS*

                                                                                 (Chandra Kumar Rai,J.)




Digitally signed by :-
PRITI SHARMA
High Court of Judicature at Allahabad


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