Allahabad High Court
BHOLANATHversusSTATE OF U.P. AND 7 OTHERS
- Decided
- Bench
- CHANDRA KUMAR RAI
Holding
The Court directed the Sub Divisional Officer to decide the pending Section 116 proceeding expeditiously, preferably within four months, without expressing any view on the merits.
Summary
The petitioner Bholanath filed a writ petition seeking a mandamus directing the Sub Divisional Officer (SDO) of Tehsil Shohratgarh to decide a pending revenue case (T201917630505885) under Section 116 of the Uttar Pradesh Revenue Code, 2006. The petitioner alleged undue delay in the SDO's disposal of the matter following a remand order. The High Court, after hearing counsel for both sides, declined to opine on the merits of the underlying revenue dispute. Instead, it ordered the SDO to decide the proceeding expeditiously, preferably within four months of the certified copy of the order, after giving parties a hearing and without unnecessary adjournments. The petition was thus disposed of with a directive for prompt adjudication.
Issues considered
- Whether a writ of mandamus can be issued to compel the Sub Divisional Officer to decide a pending revenue proceeding under Section 116 of the U.P. Revenue Code, 2006 within a specified time frame.
Legislation cited
- U.P. Revenue Code, 2006 — s. 116
Subjects
- mandamus
- writ petition
- U.P. Revenue Code
- Section 116
- expeditious disposal
- administrative law
- Uttar Pradesh
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
WRIT - C No. - 31242 of 2026
Bholanath
.....Petitioner(s)
Versus
State Of U.P. And 7 Others
.....Respondent(s)
Counsel for Petitioner(s) : Rakesh Kumar Mathur
Counsel for Respondent(s) : C.S.C., Pankaj Kumar Gupta
Court No. - 37
HON'BLE CHANDRA KUMAR RAI, J.
1. Heard Mr. Rakesh Kumar Mathur, learned Counsel for the
petitioner, Mr. Pankaj Kumar Gupta, learned Counsel for Gaon Sabha
and Mr. Satyendra Bhusan Dubey, 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
commanding and directing the Sub Divisional Officer/ Magistrate,
Tehsil Shohratgarh District Siddharth Nagar/ respondent no.2 to decide
the suit/ case no. T201917630505885 (the new no. T202617630502027/
2026) (Bholanath Vs. Dwarika Nath and others) under Section 116 of
U.P. Revenue Code, 2006 within a short span of stipulated period which
the Hon'ble Court deems fit and proper considering circumstances of
the case. "
3. Counsel for the petitioner submitted that in pursuance of the
remand order passed in appeal, proceeding of Section 116 of U.P.
Revenue Code, 2006 is pending before respondent no.2, Sub
Divisional Officer, Tehsil Shohratgarh, District Siddharth Nagar since
long, as such, appropriate direction be issued for expeditious disposal
of pending proceeding.
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
WRIC No. 31242 of 2026
2
Divisional Officer, Tehsil Shohratgarh, District Siddharth Nagar to
consider and decide the aforementioned proceeding under Section
116 of U.P. Revenue Code, 2006 in accordance with law
expeditiously and preferably within a period of four months from the
date of production of certified copy of this order after giving
opportunity of hearing to the parties concerned and without granting
unnecessary adjournments to either of the parties.
(Chandra Kumar Rai,J.)
September 24, 2026
Vandana Y.
Digitally signed by :-
VANDANA YADAV
High Court of Judicature at Allahabad
Checking your session…