Allahabad High Court
SUDAMAversusDISTRICT MAGISTRATE AND 10 OTHERS
- Decided
- Bench
- CHANDRA KUMAR RAI
Holding
The Court directed the respondent magistrate to decide the suit expeditiously within four months, thereby granting the relief sought.
Summary
The petitioner, Sudama, filed a writ petition seeking a direction to the District Magistrate and others to decide Suit No. 70 of 2023, which is pending before the Sub‑Divisional Magistrate, Padrauna, under Section 134 of the Uttar Pradesh Revenue Code, 2006. The petition alleged that the suit had been pending since 12 September 2023 without expeditious progress, as evidenced by the annexed order sheet. The Court, without delving into the merits of the underlying suit, considered the delay and the need for timely justice. It directed the respondent magistrate to hear the parties and decide the suit within four months of receiving a certified copy of the order. Consequently, the writ petition was disposed of after issuing the direction.
Issues considered
- Whether the High Court can issue a mandatory direction to a Sub‑Divisional Magistrate to decide a pending suit under Section 134 of the U.P. Revenue Code, 2006 within a specified time frame
Legislation cited
- U.P. Revenue Code, 2006 — s. 134
Subjects
- Writ petition
- Section 134
- U.P. Revenue Code
- Delay in adjudication
- Expeditious disposal
- Sub‑Divisional Magistrate
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
WRIT - C No. - 28717 of 2026
Sudama
.....Petitioner(s)
Versus
District Magistrate And 10 Others
.....Respondent(s)
Counsel for Petitioner(s) : Nainshi Srivastava
Counsel for Respondent(s) : C.S.C., Sudhir Bharti
Court No. - 37
HON'BLE CHANDRA KUMAR RAI, J.
1. Heard Ms. Nainshi Srivastava, learned counsel for the
petitioner, Mr. Ajay Kumar Baranwal, 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:
"To direct the Respondent No. 2 to decide the Suit No. 70 of 2023
[Sudama vs. Byas Singh and Others] under Section 134 of U.P. Revenue
Code, 2006, pending before the Respondent No. 2/Sub Divisional
Magistrate, Tehsil Padrauna, District Kushinagar, within a fixed time-
frame, preferably within six months, after affording due opportunity of
hearing to all concerned parties."
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 12.9.2023. She further
submitted that the copy of order sheet of the case has been
annexed as Annexure No.3 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.3 is directed to decide the aforementioned suit after giving
an opportunity of hearing to the parties in accordance with law
WRIC No. 28717 of 2026
2
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.
September 18, 2026
Rameez
(Chandra Kumar Rai,J.)
Digitally signed by :-
RAMEEZ AHMED
High Court of Judicature at Allahabad
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