Allahabad High Court
GAURI SHANKARversusSTATE OF U.P. AND 12 OTHERS
- Decided
- Bench
- CHANDRA KUMAR RAI
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
- U.P. Revenue Code, 2006 — s. 116
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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