Allahabad High Court
CHHOTELALversusSTATE OF U.P. AND 10 OTHERS
- Decided
- Bench
- CHANDRA KUMAR RAI
Holding
The court directed the Additional Commissioner to decide the pending appeal within four months, without expressing any opinion on the merits of the case.
Summary
The petitioner filed a writ petition seeking a mandamus directing the Additional Commissioner, Administration (Gorakhpur) to decide appeal No. 657/2026 under Section 207 of the Uttar Pradesh Revenue Code, 2006, which had been pending since April 4, 2026. The petitioner alleged undue delay and attached the order sheet as evidence. The court, without delving into the merits of the underlying revenue dispute, examined whether the administrative authority must dispose of the appeal within a reasonable time. It held that the Additional Commissioner must be directed to hear the parties and render a decision expeditiously. Accordingly, the court ordered the respondent to decide the case within four months of the certified copy of the order, and disposed of the writ petition.
Issues considered
- Whether a writ of mandamus can be issued to compel the Additional Commissioner to decide a pending appeal under Section 207 of the U.P. Revenue Code, 2006 within a stipulated period.
Legislation cited
- Uttar Pradesh Revenue Code, 2006 — s. 207
Subjects
- mandamus
- writ petition
- U.P. Revenue Code
- administrative delay
- expeditious disposal
- Section 207
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
WRIT - C No. - 28691 of 2026
Chhotelal
.....Petitioner(s)
Versus
State Of U.P. And 10 Others
.....Respondent(s)
Counsel for Petitioner(s) : Ashwani Kumar Pathak
Counsel for Respondent(s) : C.S.C., Sudhir Bharti
Court No. - 37
HON'BLE CHANDRA KUMAR RAI, J.
1. Heard learned counsel for the petitioner, Mr. Sridhar Tripathi, learned
Standing Counsel for the State-respondents and Mr. Sudhir Bharti,
learned counsel for the Gaon Sabha.
2. The instant petition has been filed for the following relief:
"Issue a writ order or direction in nature of mandamus directing to the Additional
Commissioner, Administration first, Gorakhpur region District- Gorakhpur (
Respondent no. 2) decide the case no. 657/ 2026, Computerized case no.
C202605000000657 Ramchhabile Vs Chhotelal and others )under section- 207 Act
U.P. Revenue code -2006 . pending before the Additional Commissioner
Administration first, District- Gorakhpur region Gorakhpur within stipulated period
fixed by this Hon'ble court."
3. Learned counsel for the petitioner submitted that the appeal under
Section 207 of U.P. Revenue Code, 2006 filed on behalf of respondent
no.4 impleading the petitioner as opposite party is pending before
respondent no.2/ Additional Commissioner since 4.4.2026. 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.
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 case after giving an opportunity of hearing to the
parties in accordance with law expeditiously preferably within a period of
WRIC No. 28691 of 2026
2
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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