Allahabad High Court
RAMSINGAR @ RAMSINGAR PATELversusSTATE OF U.P. AND 3 OTHERS
- Decided
- Bench
- CHANDRA KUMAR RAI
Holding
The Court ordered the Sub Divisional Officer to decide the pending recall/restoration application within two months, without expressing any opinion on its merits.
Summary
Ramsingar filed a writ petition seeking a mandamus directing the Sub Divisional Officer (Judicial) of Mariahu, Jaunpur, to hear and decide a recall/restoration application filed on 26 July 2024 against an order dated 15 April 2024 under Section 116 of the U.P. Revenue Code, 2006. The petitioner argued that the application was pending and not being dealt with expeditiously. The Court, without expressing any view on the merits of the recall application, directed the Sub Divisional Officer to dispose of the pending proceedings within two months, after affording a proper hearing to the parties. The direction was issued to ensure speedy resolution and to condone any delay. The petition was consequently disposed of with the said direction.
Issues considered
- Whether the High Court can issue a mandamus directing the Sub Divisional Officer to hear and decide the pending recall/restoration application within a stipulated time.
Legislation cited
- U.P. Revenue Code, 2006 — s. 116
Subjects
- mandamus
- writ petition
- expeditious disposal
- recall application
- U.P. Revenue Code
- administrative law
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
WRIT - C No. - 28333 of 2026
Ramsingar @ Ramsingar Patel
.....Petitioner(s)
Versus
State Of U.P. And 3 Others
.....Respondent(s)
Counsel for Petitioner(s) : Deena Nath Mishra, Reema Srivastava,
Santosh Kumar Srivastava
Counsel for Respondent(s) : Bhupendra Kumar Tripathi, C.S.C.
Court No. - 37
HON'BLE CHANDRA KUMAR RAI, J.
1. Heard Sri Deena Nath Mishra, learned counsel for the petitioner,
Sri Manoj Kumar Mishra, learned standing counsel for the state-
respondents and Sri Bhupendra Kumar Tripathi, learned counsel for
the respondent-gaon sabha.
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 Officer (Judicial), Tehsil Mariahu, District Jaunpur
to hear and decide the recall/restoration application dated
26.7.2024, filed by respondent no.4 (Ram Achal vs.
Ramsingar) against the order dated 15.4.2024, passed in Case
No.3530 of 2024 (Computerized Case No.T202214360603530)
(Ramsingar vs. Gaon Sabha and Others), under Section 116 of
the U.P. Revenue Code, 2006 within the stipulated period."
3. Counsel for the petitioner submitted that restoration application
dated 26.7.2024 filed on behalf of the private respondents for
recalling the order dated 15.4.2024 is pending before respondent
no.2/Sub Divisional Officer, as such, necessary direction be issued
for the expeditious disposal of the pending proceeding. He further
placed copy of the order-sheet of the pending proceeding, in order to
demonstrate that the case is not proceeding expeditiously.
WRIC No. 28333 of 2026
2
4. Considering the facts and circumstances of the case, without
expressing any opinion on the merits of the case, this petition is
disposed of with the direction to respondent no.2 to decide the
aforesaid proceedings to its logical conclusion, as expeditiously as
possible, preferably within a period of 2 months, from the date of
production of a certified copy of this order before the authority
concerned, considering the delay condonation matter 1st, after
affording proper opportunity of hearing to the parties concerned, in
accordance with law.
(Chandra Kumar Rai,J.)
September 23, 2026
C.Prakash
Digitally signed by :-
CHANDRA PRAKASH
High Court of Judicature at Allahabad
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