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Allahabad High Court

KAPILversusSTATE OF U.P. AND 2 OTHERS

Decided

Holding

The Court directed that the pending appeal be decided expeditiously, within three months, and dismissed the writ petition.

Summary

Petitioner Kapil filed a writ petition before the Allahabad High Court seeking a mandamus directing the Additional Commissioner, Varanasi, to decide Appeal No. 3962 of 2024 filed under the Uttar Pradesh Land Revenue Code, 2006, within a fixed time. The petitioner claimed to be the opposite party in the appeal and had already filed objections on 16‑06‑2025, urging speedy disposal. The State standing counsel raised no objection to expediting the appeal provided no unnecessary adjournments were granted. The Court, without addressing the merits of the appeal, ordered that the appeal be decided expeditiously, preferably within three months of the certified copy of the order, and that no unnecessary adjournments be allowed. The petition was thereafter disposed.

Issues considered

  • Whether the High Court can issue a mandamus directing the Additional Commissioner to decide the pending appeal within a stipulated period.
  • Whether notice to private respondents is required in such a writ petition.

Legislation cited

Subjects

  • mandamus
  • writ petition
  • expeditious disposal
  • Uttar Pradesh Land Revenue Code
  • appeal
  • adjournments
  • High Court

Judgment

         HIGH COURT OF JUDICATURE AT ALLAHABAD
                           WRIT - C No. - 30061 of 2026

Kapil
                                                                     .....Petitioner(s)
                                       Versus

State Of U.P. And 2 Others
                                                                   .....Respondent(s)

Counsel for Petitioner(s)           : Salilendu Kumar Upadhyay, Vineet
                                      Kumar Dubey
Counsel for Respondent(s)           : C.S.C.

Court No. - 4
                    HON'BLE KUNAL RAVI SINGH, J.




1. Heard Learned counsel for the petitioner as well as learned Standing
Counsel for the State respondents and perused the records.

2. In view of the order proposed to be passed, no notice is required to be
sent to private respondents.

3. The instant writ petition has been preferred praying inter alia for
following relief :-

     "i) Issue a writ, order or direction in the nature of MANDAMUS
     commanding/ directing to the second respondent i.e. Additional
     Commissioner Ist, region Varanasi District Varanasi to decide the appeal
     No. 3962 of 2024 and (Computerize Appeal No. C202414000003962)
     dated 18.12.2024 preferred under U.P. Land Revenue Code, 2006, as
     early as possible within stipulated time as fixed by this Hon'ble Court.

     ii) Issue any other suitable writ, order or direction in favour of petitioner
     as this Hon'ble Court may deem fit and proper in the present facts and
     circumstances of the case.

     iii) To award the cost of the writ petition throughout in favour of the
     petitioner."

4. In the present case, on 03.08.2026, following order was passed:
                                                                                           WRIC No. 30061 of 2026
                                                                    2


                                          "1. As prayed, put up this matter on 3rd September, 2026 as
                                          fresh.

                                          2. In the meantime, learned counsel for the petitioner shall file
                                          an affidavit indicating the status of service upon respondents
                                          before the appellate court, along with complete order-sheet."

                                    5. In pursuance of the order dated 03.08.2026, learned counsel for the
                                    petitioner submits that the petitioner is the opposite party in the aforesaid
                                    appeal. He further submits that the petitioner/opposite party has already
                                    filed objections on 16.06.2025 in the said appeal and is diligently
                                    pursuing the same. He next submits that the aforesaid appeal has
                                    remained pending and may be decided expeditiously.

                                    6. Learned Standing Counsel fairly submits that he has no objection if the
                                    aforesaid appeal is expedited, provided that no unnecessary adjournments
                                    are granted to either of the parties.

                                    7. Under the facts and circumstances of the case, and without adverting to
                                    the merits of the case, it is hereby directed that the aforesaid appeal
                                    pending before the second respondent be decided expeditiously,
                                    preferably within a period of three months from the date of production of
                                    a certified copy of this order, but certainly after giving an opportunity of
                                    hearing to all the contesting parties. It is further directed that no
                                    unnecessary adjournments shall be granted to either of the parties and that
                                    the petitioner shall fully cooperate with regard to the expeditious disposal
                                    of the appeal.

                                    8. With the aforesaid observations, the instant writ petition stands
                                    disposed of.




                                                                                         (Kunal Ravi Singh,J.)
                                    September 18, 2026
                                    NLY




Digitally signed by :-
NAND LAL YADAV
High Court of Judicature at Allahabad


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