Allahabad High Court
RAJESH KUMAR AND 2 OTHERSversusSTATE OF U.P. AND 3 OTHERS
- Decided
- Bench
- GARIMA PRASHAD
Holding
The Court directed the SDM to decide the pending appeal within four months, thereby granting the writ of mandamus.
Summary
The petitioners filed a writ petition under Section 35(2) of the Uttar Pradesh Revenue Code, 2006, seeking a mandamus directing the Sub‑Divisional Magistrate (SDM) of Tehsil Sadar, Azamgarh to decide an appeal (Case No. 14024/2026) that had been pending since 2 April 2026. The petition alleged undue delay in adjudicating the appeal and requested the court to order an expeditious decision. The State's standing counsel raised no objection to the direction. The High Court, after hearing both sides, ordered the SDM to decide the pending case within four months of the certified copy of the order. No substantive reasoning beyond the need for timely disposal was provided. The writ petition was consequently disposed with the mandated direction.
Issues considered
- Whether the Sub‑Divisional Magistrate is obligated to decide the pending appeal expeditiously under Section 35(2) of the U.P. Revenue Code, 2006.
- Whether a writ of mandamus can be issued to compel the SDM to decide the appeal within a specified time.
Legislation cited
- U.P. Revenue Code, 2006 — s. 35(2)
Subjects
- mandamus
- writ petition
- Section 35(2)
- U.P. Revenue Code
- expeditious decision
- Sub‑Divisional Magistrate
- appeal
- administrative law
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
WRIT - C No. - 32903 of 2026
Rajesh Kumar And 2 Others
.....Petitioner(s)
Versus
State Of U.P. And 3 Others
.....Respondent(s)
Counsel for Petitioner(s) : Anand Yadav
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:
"Issue a writ order or direction in the nature of mandamus commanding
the respondent no.2/ Sub-Divisional Magistrate/SDM Tehsil- Sadar,
District-Azamgarh to decide the proceeding of Appeal/Case no.
14024/2026, Computerized Case No. T202615060114024 (Rajesh Kumar
& others Vs. Tehsildar Judicial & others) under section 35(2) of U.P.
Revenue Code 2006, filed by the petitioners dated on 02.04.2026, Village-
Mauja- Hathauta, Pargana- Chiraiyakot, Tehsil Sadar, District-
Azamgarh, pending in the court of learned Sub-Divisional
Magistrate/SDM Tehsil Sadar, District-Azamgarh, pending before it
expeditiously within a period so stipulate Hon'ble Court.
Issue a writ order or direction in the nature of mandamus commanding
the respondent no.2/ Sub-Divisional Magistrate/SDM Tehsil- Sadar,
District-Azamgarh to decide/consider adjournment application filed by
the petitioners dated on 02.04.2026, in Appeal/Case no. 14024/2026,
Computerized Case No. T202615060114024 (Rajesh Kumar & othes Vs.
Tehsildar Judicial & others) under section 35(2) of U.P. Revenue Code
2006, pending in the court of learned Sub-Divisional Magistrate/SDM
Tehsil-Sadar, District- Azamgarh."
WRIC No. 32903 of 2026
2
3. Learned counsel for the petitioner submits that the petitioner filed an
Appeal/Case No.14024 of 2026, under Section 35(2) of the U.P. Revenue
Code, 2006, which is pending before the respondent no.2 since 02.04.2026.
He prays that the said case 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 case, in accordance with law.
5. In view of the above, this writ petition is disposed of with a direction to
the respondent no.2/Sub-Divisional Magistrate, Tehsil Sadar, District
Azamgarh to decide the pending case within a period of four months from
the date of production of a certified copy of this order.
(Garima Prashad,J.)
September 29, 2026
Lbm/-
Digitally signed by :-
LAL BAHADUR MAURYA
High Court of Judicature at Allahabad
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