Allahabad High Court
SMT. JYOTIYAversusSTATE OF U.P. AND 4 OTHERS
- Decided
- Bench
- CHANDRA KUMAR RAI
Holding
The Court directed the Additional Sub Divisional Officer to decide the pending suit within six months, thereby granting the writ of mandamus.
Summary
Petitioner Smt. Jyotiya filed a writ petition seeking a mandamus directing the Additional Sub Divisional Officer (ASDO) of Sadar Ghazipur to decide a pending suit (No. 10555/2025) under Section 144 of the U.P. Revenue Code, 2006, which had been pending since 11 September 2025. The petitioner alleged that the suit was not being progressed expeditiously. The High Court, after hearing the parties, did not express any view on the merits of the underlying suit but ordered the ASDO to decide the matter within six months, after giving an opportunity of hearing and without granting unnecessary adjournments. The order was issued on 23 September 2026, and the petition was disposed of with the said direction.
Issues considered
- Whether the High Court can issue a writ of mandamus directing the ASDO to decide a pending revenue suit expeditiously.
Legislation cited
- U.P. Revenue Code, 2006 — s. 144
Subjects
- mandamus
- expeditious disposal
- revenue suit
- Section 144
- administrative law
- U.P. Revenue Code
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
WRIT - C No. - 28212 of 2026
Smt. Jyotiya
.....Petitioner(s)
Versus
State Of U.P. And 4 Others
.....Respondent(s)
Counsel for Petitioner(s) : Ashok Kumar Singh
Counsel for Respondent(s) : Bhupendra Kumar Tripathi, C.S.C.
Court No. - 37
HON'BLE CHANDRA KUMAR RAI, J.
1. Heard learned Counsel for the petitioner, Mr. Bhupendra Kumar
Tripathi, learned Counsel for Gram Panchayat and Mr. Vipin Kumar,
learned State Law Officer for the State respondents.
2. The instant writ petition has been filed for the following relief:-
"Issue a writ, order or direction in the nature of mandamus directing to
respondent no.2, Additional Sub Divisional Officer Sadar Ghazipur to
decide the suit no. 10555/2025, computerized No. T202514291010555
under Section 144 of U.P. Revenue Code, 2006, Smt. Jyotiya Vs. Vishnu
and others of Mauza Dhelwa, Paragan and Tehsil Sadar Ghazipur
pending before him expeditiously."
3. Counsel for the petitioner submitted that suit under Section 144 of
U.P. Revenue Code, 2006 filed on behalf of petitioner is still pending
before respondent no.2, Additional Sub Divisional Officer Sadar
Ghazipur since 11.9.2025. He further 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, without
expressing any opinion on the merits of the issue, the present petition
stands disposed of finally with a direction to respondent no.2,
Additional Sub Divisional Officer Sadar Ghazipur to consider and
decide the aforementioned suit in accordance with law expeditiously
and preferably within a period of six months from the date of
WRIC No. 28212 of 2026
2
production of certified copy of this order after giving opportunity of
hearing to the parties concerned and without granting unnecessary
adjournments to either of the parties.
(Chandra Kumar Rai,J.)
September 23, 2026
Vandana Y.
Digitally signed by :-
VANDANA YADAV
High Court of Judicature at Allahabad
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