Allahabad High Court
HARERAMversusSTATE OF U.P. AND 10 OTHERS
- Decided
- Bench
- CHANDRA KUMAR RAI
Holding
The Court directed the Additional Commissioner to decide the pending appeal within two months, thereby granting the writ of mandamus.
Summary
Hareram filed a writ petition before the Allahabad High Court seeking a mandamus directing the Additional Commissioner (Administration), Azamgarh Division, to decide Appeal No. 589/2017 (Triloki vs. Triveni) filed under Section 207 of the U.P. Revenue Code, 2006. The appeal, arising from a suit under Section 229‑B of the U.P. Zamindari and Land Revenue Act, has been pending since 2016 without expeditious disposal. The petitioner alleged that the delay violated the statutory requirement for speedy adjudication. The Court, after reviewing the order‑sheet and the circumstances, refrained from commenting on the merits of the appeal. It issued a direction that the Additional Commissioner must decide the appeal within two months of receiving a certified copy of the order, after giving the parties a proper hearing. The petition was consequently disposed with the mandated direction.
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 expeditiously.
Legislation cited
- U.P. Revenue Code, 2006 — s. 207
- U.P. Zamindari and Land Revenue Act — s. 229-B, 331
Subjects
- mandamus
- writ petition
- administrative law
- expeditious disposal
- U.P. Revenue Code
- appeal
- Section 207
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
WRIT - C No. - 29475 of 2026
Hareram
.....Petitioner(s)
Versus
State Of U.P. And 10 Others
.....Respondent(s)
Counsel for Petitioner(s) : Anurag Upadhyay
Counsel for Respondent(s) : C.S.C., Rameshwar Prasad Shukla
Court No. - 37
HON'BLE CHANDRA KUMAR RAI, J.
1. Heard Sri Anurag Upadhyay, learned counsel for the petitioner, Sri
Manoj Kumar Mishra, learned standing counsel for the state-
respondents and Sri Rameshwar Prasad Shukla, learned counsel for
the respondent-gaon sabha.
2. The instant writ petition has been filed for the following relief:-
"Issue a writ, order or direction in the nature of
mandamus, commanding the Additional Commissioner
(Administration), Azamgarh Division, Azamgarh
(respondent no.2) to decide the Appeal No.589/2017
(Computerized Case No.C20171500589) (Triloki vs.
Triveni), under Section 207 of the U.P. Revenue Code,
2006 expeditiously."
3. Counsel for the petitioner submitted that appeal under Section 207
of the U.P. Revenue Code, 2006 / 331 of the U.P. Z.A. & L.R. Act
filed on behalf of the petitioner, arising out of the proceeding of suit
under Section 229-B of the U.P. Z.A. & L.R. Act is pending before
respondent no.2/Additional Commissioner since 2016. He further
placed copy of the order-sheet of the pending proceeding, in order to
demonstrate that the case is not proceeding expeditiously.
4. Considering the facts and circumstances of the case, without
expressing any opinion on the merits of the case, this petition is
disposed of with the direction to respondent no.2 to decide the
aforesaid proceedings to its logical conclusion, as expeditiously as
WRIC No. 29475 of 2026
2
possible, preferably within a period of 2 months, from the date of
production of a certified copy of this order before the authority
concerned, after affording proper opportunity of hearing to the parties
concerned, in accordance with law.
September 23, 2026
C.Prakash
(Chandra Kumar Rai,J.)
Digitally signed by :-
CHANDRA PRAKASH
High Court of Judicature at Allahabad
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