Allahabad High Court

KAMLESHversusSTATE OF U.P. AND 10 OTHERS

Decided: 16 September 2026
Bench: CHANDRA KUMAR RAI

Holding

Mandamus was granted directing the Sub‑Divisional Magistrate to decide the pending proceeding within three months.

Summary

The petitioner filed a writ petition seeking a mandamus directing the Sub‑Divisional Magistrate of Kasiya, Kushinagar to decide a proceeding under Section 24 of the U.P. Revenue Code, 2006, which had been pending since 10 November 2025. The petitioner alleged that the case was not being progressed expeditiously and attached the order sheet as evidence. The Court, without delving into the merits of the underlying revenue dispute, considered the delay and the statutory duty to decide matters within a reasonable time. It directed the Sub‑Divisional Magistrate to hear the parties and dispose of the pending proceeding within three months of receiving the certified copy of the order. The writ petition was consequently disposed of.

Issues considered

Whether a writ of mandamus can be issued to compel a Sub‑Divisional Magistrate to decide a pending revenue proceeding within a stipulated period.

Legislation cited

U.P. Revenue Code, 2006 — s. 24

Subjects

mandamus
administrative law
delay in adjudication
U.P. Revenue Code
sub‑divisional magistrate
expeditious disposal

Judgment

HIGH COURT OF JUDICATURE AT ALLAHABAD
WRIT - C No. - 29952 of 2026

Kamlesh
.....Petitioner(s)
Versus

State Of U.P. And 10 Others
.....Respondent(s)

Counsel for Petitioner(s) : Munna Tiwari, Sandeep
Kumar Singh
Counsel for Respondent(s) : C.S.C., Sudhir Bharti

Court No. - 37
HON'BLE CHANDRA KUMAR RAI, J.

1. Heard Mr. Munna Tiwari, learned counsel for the petitioner,
Mr. Hari Mohan Srivastava, learned Additional Chief Standing
Counsel for the State-respondents and Mr. Sudhir Bharti,
learned counsel for the Gaon Sabha.

2. The instant petition has been filed for mandamus directing
the respondent no.2/ Sub-Divisional Magistrate, Tahsil-
Kasiya, Kushinagar to decide the Case No.T202605440405971
(Kamlesh and others vs. Vidhyachal and others) within
stipulated period.

3. Learned counsel for the petitioner submitted that the
proceeding under Section 24 of U.P. Revenue Code, 2006
initiated at the instance of petitioner is pending before
respondent no.2/ Sub-Divisional Magistrate, Tahsil- Kasiya,
Kushinagar since 10.11.2025. He further submitted that the
copy of order sheet of the case has been annexed as Annexure
No.2 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 proceeding after
giving an opportunity of hearing to the parties in accordance
WRIC No. 29952 of 2026
2

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.

September 17, 2026
Rameez

(Chandra Kumar Rai,J.)

Digitally signed by :-
RAMEEZ AHMED
High Court of Judicature at Allahabad

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