Allahabad High Court
MAHIPALversusTHE SUB-DIVISIONAL MAGISTRATE AND 23 OTHERS
- Decided
- Bench
- CHANDRA KUMAR RAI
Holding
The Court issued a mandamus directing the Sub‑Divisional Magistrate to decide the suit within four months, thereby granting the petition.
Summary
Petitioner Mahipal Singh filed a writ petition seeking a mandamus directing the Sub‑Divisional Magistrate of Najibabad to decide a pending suit (No.5406 of 2024) concerning division of holding. The petitioner alleged that the suit had been pending since 21‑Dec‑2024 without expeditious progress, as evidenced by the annexed order sheet. The Court, without delving into the merits of the underlying suit, examined whether the magistrate could be compelled to dispose of the case within a reasonable time. It held that a mandamus could be issued to ensure timely adjudication. Accordingly, the magistrate was ordered to hear the parties and decide the suit within four months of receiving the certified copy of the order. The writ petition was thereafter disposed of.
Issues considered
- Whether a writ of mandamus can be issued directing a Sub‑Divisional Magistrate to decide a pending civil suit within a stipulated period
Subjects
- mandamus
- writ petition
- civil procedure
- delay in disposal
- sub-divisional magistrate
- expeditious trial
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
WRIT - C No. - 29690 of 2026
Mahipal
.....Petitioner(s)
Versus
The Sub-Divisional Magistrate And 23
Others .....Respondent(s)
Counsel for Petitioner(s) : In Person (Senior Advocate)
Counsel for Respondent(s) : Arun Kumar Pandey, C.S.C.
Court No. - 37
HON'BLE CHANDRA KUMAR RAI, J.
1. Heard Mr. Mahipal Singh, learned counsel of this Court /
petitioner appearing in person, Mr. Nand Lal Maurya, learned
Standing Counsel for the State-respondents and Mr. Arun
Kumar Pandey, learned counsel for the Goan Sabha.
2. The instant petition has been filed for mandamus directing
the respondent no.1/ Sub-Divisional Magistrate, Najibabad,
District- Bijnor to decide the Suit No.5406 of 2024 (Mahipal
Singh vs. Satyapal Singh and others) within stipulated period.
3. Learned counsel for the petitioner submitted that the
aforementioned suit for division of holding is pending before
respondent no.1 since 21.12.2024. He further submitted that the
copy of order sheet of the case has been annexed as Annexure
No.5 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.1 is directed to decide the aforementioned suit after giving
an opportunity of hearing to the parties in accordance with law
expeditiously preferably within a period of four months from
the date of production of certified copy of this order before
him.
WRIC No. 29690 of 2026
2
5. Accordingly, the writ petition is finally disposed of.
September 9, 2026
Rameez
(Chandra Kumar Rai,J.)
Digitally signed by :-
RAMEEZ AHMED
High Court of Judicature at Allahabad
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