Allahabad High Court
BRAJESH KUMAR SHUKLAversusSTATE OF U.P. AND 66 OTHERS
- Decided
- Bench
- GARIMA PRASHAD
Holding
The Court directed the Up Ziladhikari to decide the pending suit within four months, emphasizing expeditious disposal.
Summary
The petitioner, Brajesh Kumar Shukla, filed a suit under Section 144 of the U.P. Revenue Code, 2006 before the Up Ziladhikari of Tehsil Machhalishahar on 7 May 2022, which remains pending despite completion of pleadings. He approached the Allahabad High Court seeking a writ directing the revenue officer to decide the suit within a stipulated period. The State, represented by its standing counsel, raised no objection to such a direction. The Court examined whether a writ petition could be used to compel administrative disposal of a pending revenue suit. It held that the court could issue a directive to the officer to decide the suit expeditiously. Accordingly, the petition was disposed with an order directing the respondent to decide the suit within four months, without unnecessary adjournments.
Issues considered
- Whether a writ petition under Article 226 can be entertained to direct a revenue officer to decide a pending suit under Section 144 of the U.P. Revenue Code, 2006 within a stipulated period.
Legislation cited
- U.P. Revenue Code, 2006 — s. 144
Subjects
- writ petition
- Section 144
- U.P. Revenue Code
- pending suit
- administrative direction
- expeditious disposal
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
WRIT - C No. - 30628 of 2026
Brajesh Kumar Shukla
.....Petitioner(s)
Versus
State Of U.P. And 66 Others
.....Respondent(s)
Counsel for Petitioner(s) : Krishna Kumar Mishra
Counsel for Respondent(s) : C.S.C.
Court No. - 37
HON'BLE GARIMA PRASHAD, J.
1. Heard learned counsel for the petitioner and learned Standing Counsel for
the State respondents.
2. By means of this petition, the petitioner has prayed for the following
relief:
"I. It is, therefore, most respectfully prayed that this Hon'ble court may
graciously be pleased to direct the Respondent No.2/Up Ziladhikari,
Tehsil-Machilshahar, District- Jaunpur, decide the declaratory Suit
No.4372 of 2022 (Anand Kumar Vs Town Area And others) within a
stipulated period, which is pending before him, within Hon'ble court. a
stipulated period to fixed by this"
3. Learned counsel for the petitioner submits that the petitioner had filed a
suit under Section 144 of the U.P. Revenue Code, 2006 before the
respondent no.2/Up Ziladhikari, Tehsil Machhalishahar, District Jaunpur on
07.05.2022. He further submits that despite pleadings having been
completed, the said suit is still pending. He prays that the said suit may be
directed to be decided expeditiously.
4. Learned Standing Counsel for the State submits that he has no objection in
the event this petition is disposed of with a direction to the respondent no.2
to decide the pending suit, in accordance with law.
5. In view of the above, this writ petition is disposed of with a direction to
the respondent no.2/Up Ziladhikari, Tehsil Machhalishahar, District Jaunpur
WRIC No. 30628 of 2026
2
to decide the pending suit within a period of four months from the date of
production of a certified copy of this order, without granting unnecessary
adjournment to either of the parties.
(Garima Prashad,J.)
September 29, 2026
Lbm/-
Digitally signed by :-
LAL BAHADUR MAURYA
High Court of Judicature at Allahabad
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