Allahabad High Court
RAMESH AND 2 OTHERSversusSTATE OF U.P. AND 5 OTHERS
- Decided
- Bench
- CHANDRA KUMAR RAI
Holding
The Court directed the Commissioner to decide the pending appeal within four months, without expressing any opinion on the merits, and disposed of the writ petition.
Summary
The petitioners, Ramesh and others, filed a writ petition in the Allahabad High Court seeking a mandamus directing the Commissioner (respondent No.2) to decide appeal No. 1159 of 2025, which arose under Section 331(3) of the Uttar Pradesh Zilla and Land Revenue Act, 1950, and to prevent their dispossession from several land plots. The petition alleged that the appeal had been pending since 2025 without expeditious progress. The Court, without delving into the merits of the underlying dispute, ordered the Commissioner to decide the appeal after giving the parties a hearing, and to do so within four months of receiving a certified copy of the order. The Court did not entertain the second relief concerning possession of the plots. Consequently, the writ petition was disposed of.
Issues considered
- Whether the High Court should issue a writ of mandamus directing the Commissioner to decide the pending appeal under Section 331(3) of the U.P. Zilla and Land Revenue Act, 1950 expeditiously.
Legislation cited
- Uttar Pradesh Zilla and Land Revenue Act, 1950 — s. 229-B, 331(3)
Subjects
- mandamus
- writ petition
- expeditious disposal
- land revenue
- appeal
- possession
- Uttar Pradesh
- High Court
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
WRIT - C No. - 28690 of 2026
Ramesh And 2 Others
.....Petitioner(s)
Versus
State Of U.P. And 5 Others
.....Respondent(s)
Counsel for Petitioner(s) : Hira Lal, M. Asif
Counsel for Respondent(s) : C.S.C., Sher Bahadur Singh
Court No. - 37
HON'BLE CHANDRA KUMAR RAI, J.
1. Heard Mr. Ayub Khan, learned counsel holding brief of Mr. M. Asif,
learned counsel for the petitioner, Mr. Sher Bahadur Singh, learned
Standing Counsel for the State-respondents and Mr. Sher Bahadur Singh,
learned counsel for the Gaon Sabha.
2. The instant petition has been filed for the following reliefs:
"a. Issue a writ order or direction in the nature of mandamus and direct the
respondent no.2 decide the appeal no. 1159 of 2025 (Ramesh and others Vs Zila
Panchayat Pilibhit and others) under section 331(3) U.P. Z.A. and L.R. Act, 1950
pending before the respondent no.2.
b. Issue writ, order or direction in the nature of mandamus commanding the
respondents not to dispossess the petitioners from the possession of plot no. 1160/0.70
hec, 1196/0.56 hec., 1216/1.92 hec, 1920/5 area 0.86 hec, 1920/7 area 0.46 hec,
682/0.30 hec, 780/2.70 hec, 1196/0.34 hec, 1197/0.54 hec, 1196/1.19 hec, 1199/1.13
hec, 1200/0.97 hec and 1197/0.13 hec. Situated in Village Deoria Kalan Pargana &
Tehsil Bisalpur District Pilibhit."
3. Learned counsel for the petitioner submitted that the appeal, under
Section 331 (3) of U.P.Z.A. & L.R. Act arising out of suit under Section
229-B of U.P.Z.A. & L.R. Act is pending before respondent no.2 /
Commissioner since 2025. He further submitted that the copy of order
sheet of the case has been annexed as Annexure No.4 to the petition in
order to demonstrate that the case is not proceeding expeditiously.
WRIC No. 28690 of 2026
2
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
four 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 18, 2026
Rameez
Digitally signed by :-
RAMEEZ AHMED
High Court of Judicature at Allahabad
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