Allahabad High Court
RAMA SHANKARversusSTATE OF U.P. AND 4 OTHERS
- Decided
- Bench
- CHANDRA KUMAR RAI
Holding
The Sub Divisional Magistrate must decide the pending suit under Section 116 of the U.P. Revenue Code, 2006 expeditiously, preferably within six months, after affording a proper hearing to the parties.
Summary
The petitioner filed a writ petition seeking a mandamus directing the Sub Divisional Magistrate of Phulpur, Prayagraj to expeditiously decide a pending suit for division of land holding filed under Section 116 of the U.P. Revenue Code, 2006, and also requested a status‑quo injunction to prevent alteration of the land. The court noted that the suit was indeed pending before the magistrate and that there was no dispute on this fact. It held that, in the interest of justice, the magistrate must be ordered to conclude the proceedings within six months, after giving the parties a proper hearing, without expressing any view on the merits of the suit. Accordingly, the petition was disposed with a direction to the respondent authority to decide the suit expeditiously. No interim injunction was granted, but the court emphasized the need for a swift resolution.
Issues considered
- Whether the High Court can issue a mandamus directing the Sub Divisional Magistrate to decide a pending suit under Section 116 of the U.P. Revenue Code, 2006 expeditiously.
- Whether an interim injunction to maintain the status quo over the disputed land is warranted.
Legislation cited
- U.P. Revenue Code, 2006 — s. 116
Subjects
- mandamus
- writ petition
- status quo
- division of holding
- U.P. Revenue Code
- expeditious disposal
- Sub Divisional Magistrate
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
WRIT - C No. - 32238 of 2026
Rama Shankar
.....Petitioner(s)
Versus
State Of U.P. And 4 Others
.....Respondent(s)
Counsel for Petitioner(s) : Dharmendra Kumar Maurya
Counsel for Respondent(s) : Azad Rai, C.S.C.
Court No. - 37
HON'BLE CHANDRA KUMAR RAI, J.
1. Heard Sri Dharmendra Kumar Maurya, learned counsel for the
petitioner, Sri Awadhesh Kumar Patel, learned standing counsel for
the state-respondents and Sri Azad Rai, learned counsel for the
respondent-gaon sabha.
2. The instant writ petition has been filed for the following reliefs:-
"1. Issue an order or direction in the nature of mandamus,
commanding the respondent no.3/Sub Divisional Magistrate,
Phulpur, Prayagraj to hear and decide the Suit No.346 of 2023
(Ram Shankar vs. Ram Babu and Others), under Section 116
of the U.P. Revenue Code, 2006 expeditiously within the
stipulated period.
2. Issue an order, directing the parties to maintain status quo,
restraining the opposite parties from changing the nature of
the land in question and creating third-party-interest of the
land in question and not to interfere in the peaceful
possession of the petitioner over the property till the disposal
of the suit before the court below."
3. Counsel for the petitioner submitted that suit for division of holding
filed on behalf of the petitioner under Section 116 of the U.P.
Revenue Code, 2006, is pending before respondent no.3/Sub
Divisional Magistrate since 2023. He placed the order-sheet of the
pending proceeding, in order to demonstrate that the case is not
WRIC No. 32238 of 2026
2
proceeding expeditiously. He also placed the averments made in the
writ petition as well as in the plaint filed before the trial court in order
to demonstrate that interim injunction for maintaining status quo is
required in the instant matter.
4. I have considered the arguments advanced by learned counsel for
the petitioner and perused the records.
5. There is no dispute about the fact that suit for division of holding
filed by the petitioner is pending before respondent no.3.
6. Considering the circumstances of the case, the interest of justice
requires that the respondent-authority should be directed to decide
the pending proceeding under Section 116 of the U.P. Revenue
Code, 2006 expeditiously in accordance with law.
7. Considering the entire facts and circumstances of the case, without
expressing any opinion on the merits of the case, this petition is
disposed of with the direction to respondent no.3 to decide the
aforesaid proceedings to its logical conclusion, as expeditiously as
possible, preferably within a period of 6 months, from the date of
production of a certified copy of this order before the authority
concerned, after affording proper opportunity of hearing to the parties
concerned, in accordance with law.
(Chandra Kumar Rai,J.)
September 17, 2026
C.Prakash
Digitally signed by :-
CHANDRA PRAKASH
High Court of Judicature at Allahabad
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