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Allahabad High Court

HARISHANKARversusSTATE OF U.P. AND 2 OTHERS

Decided

Holding

The petition is disposed of with a direction to the Sub‑Divisional Magistrate, Auraiya, to decide the pending application within three months, without expressing any opinion on its merits.

Summary

The petitioner filed a writ petition seeking a mandamus directing the District Magistrate, Auraiya, to decide an application filed on 27 May 2026 under Section 38(2) of the U.P. Revenue Code, 2006. The High Court, after obtaining instructions, learned that the application had been registered as case No.T202603050106093 with a next hearing fixed for 28 September 2026 and was to be decided expeditiously. Without commenting on the merits of the underlying application, the Court disposed of the writ petition, ordering the Sub‑Divisional Magistrate to conclude the proceedings within three months of the certified copy of the order, after giving a proper hearing. The direction emphasizes prompt adjudication in accordance with law. The order was signed by Justice Chandra Kumar Rai on 23 September 2026.

Issues considered

  • Whether the District Magistrate’s delay in deciding the application under Section 38(2) of the U.P. Revenue Code, 2006 warrants issuance of a writ of mandamus.
  • Whether the High Court can direct a specific time‑frame for the decision of the pending application.

Legislation cited

Subjects

  • mandamus
  • district magistrate
  • U.P. Revenue Code
  • administrative delay
  • expeditious decision

Judgment

                                                  HIGH COURT OF JUDICATURE AT ALLAHABAD

                                                               WRIT - C No. - 33804 of 2026

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

                                    Counsel for Petitioner(s)                           :    Anand Pati Tiwari
                                    Counsel for Respondent(s)                           :    C.S.C.

                                    Court No. - 37
                                                         HON'BLE CHANDRA KUMAR RAI, J.

                                    1. The instant writ petition has been filed for the following relief:-

                                          "Issue a writ, order or direction in the nature of writ of
                                          mandamus, directing the respondent no.2/District Magistrate
                                          Auraiya to decide the application moved by the petitioner on
                                          27.5.2026 within the stipulated time."

                                    2. This Court vide order dated 25.8.2026, directed the learned standing
                                    counsel to obtain instructions in the matter.

                                    3. In compliance of the order of this Court, instruction dated 22.9.2026, sent by
                                    the Sub Divisional Officer, Auraiya is taken on record.

                                    4. Sri Pradeep Kumar Singh, learned standing counsel for the State, on the
                                    basis of the instruction dated 22.9.2026, submitted that application filed by the
                                    petitioner has been registered as Case No.T202603050106093, under Section
                                    38(2) of the U.P. Revenue Code, 2006 wherein the next date fixed is
                                    28.9.2026. He submitted that the aforesaid proceeding shall be decided by the
                                    authority expeditiously.

                                    5. Considering the 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/Sub Divisional Magistrate, Auraiya to decide the
                                    aforesaid proceedings to its logical conclusion, as expeditiously as possible,
                                    preferably within a period of three months from the date of production of the
                                    certified copy of this order, after affording proper opportunity of hearing to the
                                    parties concerned, in accordance with law.

                                    September 23, 2026
                                    C.Prakash
                                                                                              (Chandra Kumar Rai,J.)




Digitally signed by :-
CHANDRA PRAKASH
High Court of Judicature at Allahabad


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