Allahabad High Court
MAHENDRA AND 2 OTHERSversusSTATE OF U.P. AND 11 OTHERS
- Decided
- Bench
- CHANDRA KUMAR RAI
Holding
The Sub‑Divisional Officer is directed to decide the pending revenue case expeditiously, preferably within four months, after granting a hearing to the parties.
Summary
The petitioners filed a writ of mandamus seeking a direction to the Sub‑Divisional Officer (SDO) of Jakhaniya, Ghazipur, to decide a revenue case (Case No. 6998 of 2025) pending under Section 134 of the U.P. Revenue Code, 2006 since 2024. The petition alleged undue delay and attached the order sheet to demonstrate the lack of expeditious progress. The Court, without delving into the merits of the underlying revenue dispute, held that the SDO must hear the parties and render a decision within four months of receiving the certified copy of the order. The direction was issued to ensure compliance with the statutory duty of timely disposal. Consequently, the writ petition was disposed of after granting the mandamus relief.
Issues considered
- Whether the Sub‑Divisional Officer can be compelled by mandamus to decide a pending case under Section 134 of the U.P. Revenue Code, 2006 within a reasonable time.
Legislation cited
- U.P. Revenue Code, 2006 — s. 134
Subjects
- mandamus
- administrative law
- U.P. Revenue Code
- Section 134
- delay in statutory duty
- expeditious disposal
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
WRIT - C No. - 28710 of 2026
Mahendra And 2 Others
.....Petitioner(s)
Versus
State Of U.P. And 11 Others
.....Respondent(s)
Counsel for Petitioner(s) : Ramesh Chandra Kushwaha,
Vibhuti Prasad
Counsel for Respondent(s) : Bhupendra Kumar Tripathi,
C.S.C.
Court No. - 37
HON'BLE CHANDRA KUMAR RAI, J.
1. Heard learned counsel for the petitioner, Mr. Manoj Kumar
Mishra, learned Standing Counsel for the State-respondents
and Mr. Bhupendra Kumar Tripathi, learned counsel for the
Gaon Sabha.
2. The instant petition has been filed for mandamus to direct
the respondent no.2/ Sub-Divisional Officer, Jakhaniya,
District- Ghazipur to decide the Case No.6998 of 2025,
Computerized Case No.T2025142906998 (Mahendra and
others vs. Kalp Nath and others), under Section 134 of U.P.
Revenue Code, 2006.
3. Learned counsel for the petitioner submitted that the
proceeding under Section 134 of U.P. Revenue Code, 2006 is
pending before respondent no.2 since 2024. He further
submitted that the copy of order sheet of the case has been
annexed as Annexure No.2 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 four months from
WRIC No. 28710 of 2026
2
the date of production of certified copy of this order before
him.
5. Accordingly, the writ petition is finally disposed of.
September 18, 2026
Rameez
(Chandra Kumar Rai,J.)
Digitally signed by :-
RAMEEZ AHMED
High Court of Judicature at Allahabad
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