Allahabad High Court
HINCHH NARAYAN @ HINCHH LAL PATELversusSTATE OF U.P. AND 26 OTHERS
- Decided
- Bench
- CHANDRA KUMAR RAI
Holding
The court directed the Sub Divisional Magistrate to decide the pending suit within six months, without expressing any view on the merits.
Summary
The petitioner, Hinchh Narayan, filed a writ petition seeking a mandamus directing the Sub Divisional Magistrate (Judicial) of Handia, Prayagraj to decide a pending suit for division of holding under Section 116 of the U.P. Revenue Code, 2006. The suit had been pending since 15 September 2025, and the petitioner alleged undue delay. The High Court, after hearing counsel, did not opine on the merits of the suit but ordered the magistrate to decide the matter expeditiously, preferably within six months of the certified copy of the order, after giving parties a hearing and without unnecessary adjournments. The direction was issued to ensure timely justice. The petition was consequently disposed of with the said direction.
Issues considered
- Whether a writ of mandamus can be issued to compel the Sub Divisional Magistrate to decide a pending suit under Section 116 of the U.P. Revenue Code, 2006.
- Whether the court can prescribe a time‑frame for the disposal of the pending suit.
Legislation cited
- U.P. Revenue Code, 2006 — s. 116
Subjects
- mandamus
- writ petition
- division of holding
- U.P. Revenue Code
- judicial delay
- expeditious disposal
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
WRIT - C No. - 28225 of 2026
Hinchh Narayan @ Hinchh Lal Patel
.....Petitioner(s)
Versus
State Of U.P. And 26 Others
.....Respondent(s)
Counsel for Petitioner(s) : Dharmendra Kumar Mishra
Counsel for Respondent(s) : Azad Rai, C.S.C.
Court No. - 37
HON'BLE CHANDRA KUMAR RAI, J.
1. Heard learned Counsel for the petitioner, Mr. Azad Rai, learned
Counsel for Gaon Sabha and Mr. R.C. Srivastava, learned Additional
Chief Standing Counsel 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
commanding and directing the respondent no.2, Sub Divisional
Magistrate (Judicial), Handia, Prayagraj to decide the pending suit case
no. 18461 of 2025 registered as computerized case no.
T202502030418461, (Hinch Narayan Vs. Satya Narayan and others)
under Section 116 of U.P. Revenue Code, 2006 for the division of
holding within a period as may be stipulated by this Hon'ble Court so
that justice may be done."
3. Counsel for the petitioner submitted that suit for division of holding
under Section 116 of U.P. Revenue Code, 2006 filed on behalf of the
petitioner is pending before respondent no.2, Sub Divisional Officer
(Judicial), Handia, District Prayagraj since 15.9.2025. 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, Sub
Divisional Officer (Judicial), Handia, District Prayagraj to consider and
WRIC No. 28225 of 2026
2
decide the aforementioned proceeding in accordance with law
expeditiously and preferably within a period of six months from the
date of 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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