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Allahabad High Court

MANJU DEVIversusSTATE OF U.P. AND 2 OTHERS

Decided

Holding

The court directed the Sub‑Divisional Magistrate to decide the pending revenue proceeding within two months, thereby granting the writ of mandamus.

Summary

Manju Devi filed a writ petition seeking a mandamus directing the Sub‑Divisional Magistrate of Barhaj, Deoria to decide a pending revenue case (Case No.856 of 2025) filed under Section 24 of the U.P. Revenue Code, 2006. The petitioner alleged that the magistrate had delayed the proceedings since 2023, violating the statutory time‑frame. The court examined whether the magistrate’s inaction warranted a writ of mandamus. Without delving into the merits of the underlying revenue dispute, the court held that the delay was unacceptable and ordered the magistrate to decide the case after hearing the parties, preferably within two months of receiving the certified copy of the order. The writ petition was thereafter disposed.

Issues considered

  • Whether the Sub‑Divisional Magistrate’s delay in deciding the revenue case under Section 24 of the U.P. Revenue Code, 2006 warrants the issuance of a writ of mandamus.

Legislation cited

Subjects

  • mandamus
  • administrative law
  • delay
  • U.P. Revenue Code
  • Section 24
  • Sub‑Divisional Magistrate
  • expeditious disposal

Judgment

    HIGH COURT OF JUDICATURE AT ALLAHABAD
                 WRIT - C No. - 31228 of 2026

Manju Devi
                                                   .....Petitioner(s)
                             Versus

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

Counsel for Petitioner(s)             :   Manoj Kumar Maurya
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. Indramani
Kushwaha, learned Standing Counsel for the State-respondents
and Mr. Sudhir Bharti, learned counsel for the Land
Management Committee.

2. The instant petition has been filed for mandamus directing
the respondent no.2/ Sub-Divisional Magistrate, Barhaj, Deoria
to decide the Case No.856 of 2025, Computerized Case
No.T202505200400856 (Manju Devi vs. Gram Panchayat),
under Section 24 of U.P. Revenue Code, 2006 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 since 2023. 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/ Sub-Divisional Magistrate, Barhaj, Deoria is directed to
decide the aforementioned proceeding after giving an
opportunity of hearing to the parties in accordance with law
                                                                                          WRIC No. 31228 of 2026
                                                                  2


                                        expeditiously preferably within a period of two 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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