Allahabad High Court
SHIV BACHANversusSTATE OF U.P. AND 2 OTHERS
- Decided
- Bench
- GARIMA PRASHAD
Holding
The Court directed the Sub‑Divisional Magistrate to decide the pending restoration application within six weeks, thereby granting the writ of mandamus.
Summary
Shiv Bachan filed a writ petition seeking a mandamus directing the Sub‑Divisional Magistrate of Phulpur, Azamgarh to decide a restoration/recall application filed on 6 May 2026, which arose after an ex‑parte order dated 5 July 2025 in a partition suit under Section 116 of the Uttar Pradesh Revenue Code, 2006. The petitioner argued that the pending application was being unduly delayed, while the State had no objection to the court ordering a decision. The High Court examined whether it could issue a direction to the magistrate to expedite the pending application. Finding no impediment, the Court ordered the magistrate to decide the restoration application within six weeks of the certified copy of the order. The petition was therefore disposed with the said direction.
Issues considered
- What is the appropriate remedy when a Sub‑Divisional Magistrate fails to decide a pending restoration application under Section 116 of the Uttar Pradesh Revenue Code?
Legislation cited
- Uttar Pradesh Revenue Code, 2006 — s. 116
Subjects
- mandamus
- restoration application
- partition suit
- Uttar Pradesh Revenue Code
- administrative law
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
WRIT - C No. - 34072 of 2026
Shiv Bachan
.....Petitioner(s)
Versus
State Of U.P. And 2 Others
.....Respondent(s)
Counsel for Petitioner(s) : Kirt Raj 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:
"1. to issue a writ order or direction in the nature of mandamus
commanding and directing the Respondent No 2 Sub Divisional
Magistrate, Tehsil Phulpur District Azamgarh to decide the proceeding of
Restoration / Recall application dated 06.05.2026 (Shiv Bachan verses
preferred against Ex party order dated 05.07.2025 passed in Partition
Suit Case No.RST/6026/2025 Computerize case No. T202515060306026
(Shiv BachanVersus) Under section 116 Uttar Pradesh Revenue
Code,2006. Mauja Khanjahapur Pargana Mahul Tahsil Phulpur District
Azamgarh and any other writ order or direction as this Hon'ble Court
may deem fit and proper in the circumstances of the case."
3. Learned counsel for the petitioner submits that a Suit No. RST6026 of
2025, under Section 116 of the U.P. Revenue Code, 2006 has been decided
exparte vide order dated 05.07.2025. Against the said order petitioner filed a
restoration application on 06.05.2026, which is still pending. He prays that
the said application 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
WRIC No. 34072 of 2026
2
to decide the pending restoration application, 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 Phulpur, District
Azamgarh to decide the pending restoration application within a period of
six weeks 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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