Allahabad High Court
ANIMESHversusSTATE OF U.P. AND 2 OTHERS
- Decided
- Bench
- CHANDRA KUMAR RAI
Holding
The Court ordered the second respondent to decide the pending appeal within two months, after granting a hearing to the parties.
Summary
Animesh filed a writ petition under Section 29/41 of the Uttar Pradesh Land Revenue Act, 1901 seeking a mandamus directing the second respondent to decide Appeal No.149/M, which challenges a 15 April 2023 order of the Deputy Collector. The petitioner alleged that the appeal, filed under Section 210 of the same Act, had been pending since 2023 without expeditious disposal. The court, without delving into the merits of the underlying land dispute, examined the procedural delay. It directed the second respondent to hear the parties and decide the appeal within two months of the certified copy of the order. The writ petition was consequently disposed.
Issues considered
- Whether the High Court can issue a mandamus directing the revenue authority to decide a pending appeal under Section 210 of the U.P. Land Revenue Act, 1901 within a stipulated time.
Legislation cited
- Uttar Pradesh Land Revenue Act, 1901 — s. 210, 29/41
Subjects
- mandamus
- writ petition
- land revenue
- appeal disposal
- U.P. Land Revenue Act
- Section 29/41
- Section 210
- expeditious decision
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
WRIT - C No. - 28244 of 2026
Animesh
.....Petitioner(s)
Versus
State Of U.P. And 2 Others
.....Respondent(s)
Counsel for Petitioner(s) : Raj Kishore Yadav
Counsel for Respondent(s) : C.S.C.
Court No. - 37
HON'BLE CHANDRA KUMAR RAI, J.
1. Heard Mr. Raj Kishore Yadav, learned counsel for the petitioner and
Mr. Sumit Kumar, learned Standing Counsel for the State-respondents.
2. The instant petition has been filed for the following reliefs:
"Issue a writ, order or direction in the nature of mandamus directing the Respondent
no.2 to decide the Appeal No.149/M (Computerized No.C-202315000000562)
(VimalKumar Versus Hari Shankar and others) pending against the order dated
15.4.2023 passed by Deputy Collector Tehsil Madhuban, District Mau under section
29/41 (New Section 24 Revenue Code) relates to Gata no. 107 situated at Village
Dhadwal Patrao Tehsil Madhuban District Mau pending in the court of
Commissioner Azamgarh Division Azamgarh in stipulated period."
3. Learned counsel for the petitioner submitted that the application filed
on behalf of petitioner, under Section 29/41 of U.P. Land Revenue Act,
1901 was decided by the Sub-Divisional Officer vide order dated
15.4.2023. He further submitted that the appeal under Section 210 of U.P.
Land Revenue Act, 1901 has been filed by private respondent no.3, which
is pending before respondent no.2 since 2023. He placed the grounds of
appeal as well as order sheet of hte pending proceeding in order to
demonstrate that the matter is not proceeding expeditiously.
4. Without expressing any opinion on merits of the case and keeping in
view of the facts and circumstances, respondent no.2 is directed to decide
the aforementioned appeal after giving an opportunity of hearing to the
parties in accordance with law expeditiously preferably within a period of
WRIC No. 28244 of 2026
2
two months from the date of production of certified copy of this order
before him.
5. Accordingly, the writ petition is finally disposed of.
(Chandra Kumar Rai,J.)
September 23, 2026
Rameez
Digitally signed by :-
RAMEEZ AHMED
High Court of Judicature at Allahabad
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