Allahabad High Court
KUMRESHversusSTATE OF U.P. AND 7 OTHERS
- Decided
- Bench
- CHANDRA KUMAR RAI
Holding
The Court directed the Sub Divisional Magistrate to decide the pending proceeding under Section 27 of the U.P. Revenue Code, 2006 expeditiously, preferably within three months.
Summary
The petitioner filed a writ petition seeking a mandamus directing the Sub Divisional Magistrate of Tehsil Tamkuhiraj, Kushinagar to decide a pending proceeding under Section 27 of the U.P. Revenue Code, 2006. The petitioner alleged that the proceeding, initiated on 12 March 2026, was not being progressed expeditiously. The Court, after hearing counsel, refrained from commenting on the merits of the underlying revenue matter. It issued a direction to the magistrate to decide the case within three months of the order, after giving parties a hearing and without unnecessary adjournments. The order was signed by the Hon'ble Justice Chandra Kumar Rai on 21 September 2026.
Issues considered
- Whether the High Court can issue a writ of mandamus directing a Sub Divisional Magistrate to decide a pending revenue proceeding within a stipulated time.
Legislation cited
- U.P. Revenue Code, 2006 — s. 27
Subjects
- mandamus
- writ petition
- U.P. Revenue Code
- administrative delay
- expeditious disposal
- Sub Divisional Magistrate
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
WRIT - C No. - 30375 of 2026
Kumresh
.....Petitioner(s)
Versus
State Of U.P. And 7 Others
.....Respondent(s)
Counsel for Petitioner(s) : Dharmendra Kumar
Counsel for Respondent(s) : C.S.C., Sudhir Bharti
Court No. - 37
HON'BLE CHANDRA KUMAR RAI, J.
1. Heard learned Counsel for the petitioner, Mr. Sudhir Bharti, learned
Counsel for Gaon Sabha and Mr. Mewa Lal Gupta, learned Standing
Counsel for the State respondents.
2. The instant writ petition has been filed for the following relief:-
"Issue a writ, order or direction in the nature of mandamus directing
the respondent no.2 to decide the case no. T202605440306473 under
Section 27 of U.P. Revenue Code, 2006 pending before him within
stipulated period of time fixed by this Hon'ble Court."
3. Counsel for the petitioner submitted that proceeding under Section
27 of U.P. Revenue Code, 2006 initiated at the instance of private
respondents is pending before respondent no.2, Sub Divisional
Magistrate, Tehsil Tamkuhiraj District Kushinagar since 12.3.2026.
He further placed the case summary of the pending proceeding in
order to demonstrate that matter is not proceeding expeditiously.
4. Considering the facts and circumstances of the case, without
expressing any opinion on the merits of the issue, the present petition
stands disposed of finally with a direction to respondent no.2, Sub
Divisional Magistrate, Tehsil Tamkuhiraj District Kushinagar to
consider and decide the aforementioned proceeding in accordance
with law expeditiously and preferably within a period of three months
from the date of production of certified copy of this order after giving
opportunity of hearing to the parties concerned and without granting
WRIC No. 30375 of 2026
2
unnecessary adjournments to either of the parties.
(Chandra Kumar Rai,J.)
September 21, 2026
Vandana Y.
Digitally signed by :-
VANDANA YADAV
High Court of Judicature at Allahabad
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