Allahabad High Court
RAJPATIversusSTATE OF U.P. AND 8 OTHERS
- Decided
- Bench
- GARIMA PRASHAD
Holding
The Court directed the Sub‑Divisional Magistrate to decide the pending restoration applications within eight weeks, thereby granting the writ of mandamus.
Summary
The petitioners, represented by Mayank Shekhar Singh, filed a writ petition seeking a mandamus directing the Sub‑Divisional Magistrate of Tehsil Sadar, Jaunpur to decide two pending restoration applications (case no. 726/2026 under Section 209(J) of the U.P. Revenue Code 2006 and case no. 11117/2025 under Section 24 of the same Code) that have been pending since 15 November 2025. The petitioners argued that the delay violated their right to a speedy decision. The State’s standing counsel raised no objection to the relief sought. The Court, after hearing both sides, ordered the magistrate to decide the pending applications within eight weeks of receiving a certified copy of the order. The writ petition was therefore disposed of with the specified direction.
Issues considered
- Whether the High Court can issue a writ of mandamus directing a Sub‑Divisional Magistrate to decide pending restoration applications within a stipulated time.
Legislation cited
- U.P. Revenue Code, 2006 — s. 209(J), 24
Subjects
- writ of mandamus
- restoration application
- U.P. Revenue Code
- administrative delay
- expeditious disposal
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
WRIT - C No. - 29165 of 2026
Rajpati
.....Petitioner(s)
Versus
State Of U.P. And 8 Others
.....Respondent(s)
Counsel for Petitioner(s) : Mayank Shekhar Singh
Counsel for Respondent(s) : C.S.C.
Court No. - 37
HON'BLE GARIMA PRASHAD, J.
1. Heard learned counsel for the petitioners and learned Standing Counsel
for the State respondents.
2. By means of this petition, the petitioners have prayed for the following
relief:
"I. Issue a writ, order or direction in the nature of writ of mandamus
directing / commanding the respondent No. 2 (Sub Divisional Magistrate,
Tehsil Sadar, District Jaunpur) to decide the restoration application case
no 726/2026 , Computerized Case No T202614360400726 (Rajpati Vs
Kedarnath) under Section 209(J) )of U.P. Revenue Code 2006, filed in
case no 11117/2025 computerized case no T202514360411117 (Ishardev
Vs State of U.P) under section 24 of U.P Revenue Code 2006 within span
of time as may be granted by this Hon'ble Court."
3. Learned counsel for the petitioners submits that the restoration application
filed by the petitioner challenging the order dated 17.07.2025 is pending
before the respondent no.2 since 15.11.2025. He prays that the said
restoration application may be directed to be decided expeditiously.
4. Learned Standing Counsel for the State submits that he has no objection in
the event this petition is disposed of with a direction to the respondent no.2
to decide the pending suit, in accordance with law.
5. In view of the above, this writ petition is disposed of with a direction to
the respondent no.3/Sub-Divisional Magistrate, Tehsil Sadar, District
WRIC No. 29165 of 2026
2
Jaunpur to decide the pending restoration application within a period of eight
weeks from the date of production of a certified copy of this order.
(Garima Prashad,J.)
September 29, 2026
Lbm/-
Digitally signed by :-
LAL BAHADUR MAURYA
High Court of Judicature at Allahabad
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