Allahabad High Court
YUGUL KISHORE MISHRAversusSTATE OF U.P. AND 7 OTHERS
- Decided
- Bench
- CHANDRA KUMAR RAI
Holding
The court issued a mandamus directing the Additional Commissioner to decide the pending case within three months, after hearing the parties.
Summary
The petitioner filed a writ petition seeking a mandamus directing the Additional Commissioner Judicial, Prayagraj Division, to decide a pending revenue case (Case No. 2828 of 2024) filed under Section 207 of the U.P. Revenue Code, 2006. The petitioner alleged that the case, involving private respondents and the petitioner as opposite party, had been pending since 2024 without expeditious progress. The court, without delving into the merits of the underlying revenue dispute, examined whether it could compel the administrative authority to act. It held that the delay warranted judicial intervention and ordered the Additional Commissioner to decide the case after giving a hearing to the parties, preferably within three months of receiving the certified copy of the order. The writ petition was consequently disposed of, granting the relief sought.
Issues considered
- Whether a writ of mandamus can be issued to compel the Additional Commissioner Judicial to decide a pending case under Section 207 of the U.P. Revenue Code, 2006.
- Whether the delay in adjudicating the revenue case violates principles of expeditious justice warranting court intervention.
Legislation cited
- U.P. Revenue Code, 2006 — s. 207
Subjects
- mandamus
- administrative law
- delay
- U.P. Revenue Code
- writ petition
- expeditious disposal
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
WRIT - C No. - 29005 of 2026
Yugul Kishore Mishra
.....Petitioner(s)
Versus
State Of U.P. And 7 Others
.....Respondent(s)
Counsel for Petitioner(s) : Anand Mohan Pandey, Pramod Kumar
Shukla, Tanmay Gupta
Counsel for Respondent(s) : Azad Rai, C.S.C.
Court No. - 37
HON'BLE CHANDRA KUMAR RAI, J.
1. Heard Mr. Tanmay Gupta, learned counsel for the petitioner, Mr. R.C.
Srivastava, learned Additional Chief Standing Counsel for the State-
respondents.
2. The instant petition has been filed for the following relief:
"Issue a writ, order or direction in the nature of mandamus commanding and
directing to the Additional Commissioner Judicial Prayagraj Division, Prayagraj/
respondent no.2 to decide the Case No. 2828 of 2024 computerized Case No.
C202402000002828 (Lalit Kishore Mishra and others Vs. Yugul Kishore Mishra and
others) under section 207 U.P. Revenue Code, 2006 pending in the court of Additional
Commissioner (Judicial) Prayagraj Division, Prayagraj forthwith or within stipulated
period as fixed by this Hon'ble Court."
3. Learned counsel for the petitioner submitted that the aforementioned
appeal under Section 207 of U.P. Revenue Code, 2006 filed on behalf of
private respondents impleading the petitioner as opposite party is pending
before respondent no.2 / Additional Commissioner since 2024. He 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.2 is directed to decide
the aforementioned case after giving an opportunity of hearing to the
WRIC No. 29005 of 2026
2
parties in accordance with law expeditiously preferably within a period of
three 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 14, 2026
Rameez
Digitally signed by :-
RAMEEZ AHMED
High Court of Judicature at Allahabad
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