Allahabad High Court
RAMCHANDRAversusSTATE OF U.P. AND 6 OTHERS
- Decided
- Bench
- CHANDRA KUMAR RAI
Holding
The court directed the Additional Officer Second, Azamgarh to decide the pending revenue proceeding within four months, after affording a hearing to the parties.
Summary
The petitioner filed a writ petition seeking a mandamus directing the Additional Officer Second, Azamgarh to decide a pending revenue case (Case No.10529 of 2026) under Section 134 of the U.P. Revenue Code, 2006. The petitioner alleged that the proceeding was not being conducted expeditiously. The court, after hearing counsel, noted the delay but did not opine on the merits of the underlying revenue dispute. It ordered the officer to conclude the proceedings within four months of receiving a certified copy of the order, after providing a proper hearing to the parties. The order was issued without any further directions or penalties.
Issues considered
- Whether the High Court can issue a mandamus directing a revenue officer to decide a pending case within a stipulated time under Section 134 of the U.P. Revenue Code, 2006
- Whether the delay in the pending proceeding warrants judicial intervention
Legislation cited
- U.P. Revenue Code, 2006 — s. 134
Subjects
- writ petition
- mandamus
- administrative law
- U.P. Revenue Code
- expeditious disposal
- revenue proceedings
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
WRIT - C No. - 28321 of 2026
Ramchandra
.....Petitioner(s)
Versus
State Of U.P. And 6 Others
.....Respondent(s)
Counsel for Petitioner(s) : Ajay Kumar Rai, Ashish Kumar
Srivastava
Counsel for Respondent(s) : C.S.C., Rameshwar Prasad Shukla
Court No. - 37
HON'BLE CHANDRA KUMAR RAI, J.
1. Counsel for the petitioner is permitted to implead the Additional
Officer Second, Tehsil Sadar, Azamgarh as respondent no.8 to the
writ petition during the course of the day.
2. Heard Sri Ajay Kumar Rai, learned counsel for the petitioner, Sri
Vijay Pratap Singh, learned Addl. C.S.C. for the state-respondents
and Sri Rameshwar Prasad Shukla, learned counsel for the
respondent-gaon sabha.
3. The instant writ petition has been filed for the following relief:-
"Issue a writ order or direction in the nature of
mandamus, directing the Additional Officer Second,
Azamgarh to decide the Case No.10529 of 2026
(Computerized Case No.T202615060110529) (Ram
Chandra vs. Ganesh and Others), under Section 134 of
the U.P. Revenue Code, 2006 within the stipulated
period."
4. Counsel for the petitioner submitted that proceeding under Section
134 of the U.P. Revenue Code, 2006, initiated at the instance of the
petitioner is pending before respondent no.8. He further placed copy
of the order-sheet of the pending proceeding, in order to demonstrate
that the case is not proceeding expeditiously.
5. Considering the facts and circumstances of the case, without
expressing any opinion on the merits of the case, this petition is
WRIC No. 28321 of 2026
2
disposed of with the direction to respondent no.8 to decide the
aforesaid proceedings to its logical conclusion, as expeditiously as
possible, preferably within a period of 4 months, from the date of
production of a certified copy of this order before the authority
concerned, after affording proper opportunity of hearing to the parties
concerned, in accordance with law.
September 23, 2026
C.Prakash
(Chandra Kumar Rai,J.)
Digitally signed by :-
CHANDRA PRAKASH
High Court of Judicature at Allahabad
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