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Allahabad High Court

GAURI SHANKARversusSTATE OF U.P. AND 12 OTHERS

Decided

Holding

The Court may issue a mandamus directing the administrative authority to decide the pending proceeding expeditiously.

Summary

The petitioner, Gauri Shankar, filed a writ petition seeking a mandamus directing the Sub Divisional Officer (respondent No.3) to decide a pending suit for division of holding under Section 116 of the U.P. Revenue Code, 2006. The petitioner alleged that the case, initiated in 2024, had not been progressed expeditiously. The High Court, after hearing counsel, refrained from commenting on the merits of the underlying suit. It issued a direction to the Sub Divisional Officer to conclude the proceedings within six months, after providing a proper hearing to the parties. The order was made to ensure a speedy and logical conclusion of the pending case.

Issues considered

  • Whether the High Court can issue a writ of mandamus directing an administrative authority to decide a pending case under Section 116 of the U.P. Revenue Code, 2006 within a stipulated period.

Legislation cited

Subjects

  • mandamus
  • writ petition
  • administrative law
  • U.P. Revenue Code
  • Section 116
  • division of holding
  • expeditious decision

Judgment

                                                  HIGH COURT OF JUDICATURE AT ALLAHABAD

                                                              WRIT - C No. - 34609 of 2026

                                    Gauri Shankar
                                                                                                         .....Petitioner(s)
                                                                           Versus
                                    State Of U.P. And 12 Others
                                                                                                      .....Respondent(s)

                                    Counsel for Petitioner(s)                   :    Ramdeo Mani Tripathi
                                    Counsel for Respondent(s)                   :    C.S.C., Pankaj Kumar Gupta

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

                                    1. Heard Sri Ramdeo Mani Tripathi, learned counsel for the petitioner, Sri
                                    Dhananjay Singh, learned standing counsel for the state-respondents and Sri
                                    Pankaj Kumar Gupta, learned counsel for the respondent-gaon sabha.

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

                                          "Issue a writ, order or direction in the nature of mandamus,
                                          commanding the respondent no.3, i.e, the Sub Divisional
                                          Officer to decide Case No.6394 of 2024 (Computerized Case
                                          No.T202417650306394)         (Gauri       Shankar   and    Others     vs.
                                          Santosh Kumar Gupta and Others), under Section 116 of the
                                          U.P. Revenue Code, 2006 within the stipulated period."

                                    3. Counsel for the petitioner submitted that suit for division of holding under
                                    Section 116 of the U.P. Revenue Code, 2006, initiated at the instance of the
                                    petitioner along with others, is pending before respondent no.3/Sub Divisional
                                    Officer since 2024. He further placed copy of the order-sheet of the pending
                                    proceeding, in order to demonstrate that the case is not proceeding
                                    expeditiously.

                                    4. 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 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.

                                    September 17, 2026
                                    C.Prakash
                                                                                              (Chandra Kumar Rai,J.)




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

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