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Allahabad High Court

RAM GOPALversusSTATE OF U.P. AND 6 OTHER

Decided

Holding

The court held that the Additional Commissioner must decide the pending appeal within four months, ensuring expeditious disposal.

Summary

The petitioner, Ram Gopal, filed a writ petition seeking a mandamus directing the Additional Commissioner (Judicial) 2nd Agra Division to decide appeal No. 935 of 2026 filed under Section 207 of the U.P. Revenue Code, and a certiorari to quash the order rejecting his interim relief. The petition argued that the appeal had been pending since 9 March 2026 without expeditious consideration, causing irreparable loss. The court noted that the appeal against an order under Section 117 of the U.P. Revenue Code was indeed pending and that justice required its swift resolution. Accordingly, the court disposed of the petition, directing the Additional Commissioner to decide the appeal within four months of the order, after hearing both parties, and to maintain status quo during the pendency. The order was signed on 21 September 2026.

Issues considered

  • Whether the Additional Commissioner should be directed to decide the pending appeal under Section 207 of the U.P. Revenue Code expeditiously.
  • Whether the petitioner is entitled to interim relief in the form of mandamus and certiorari to quash the order rejecting his application.

Legislation cited

Subjects

  • mandamus
  • certiorari
  • writ petition
  • expeditious disposal
  • U.P. Revenue Code
  • appeal
  • interim relief
  • status quo

Judgment

         HIGH COURT OF JUDICATURE AT ALLAHABAD
                        WRIT - C No. - 35224 of 2026

Ram Gopal
                                                            .....Petitioner(s)
                                   Versus

State Of U.P. And 6 Other
                                                            .....Respondent(s)

Counsel for Petitioner(s) : Dwijendra Prasad, Pramod Kumar
                            Yadav
Counsel for Respondent(s) : Avinash    Chandra    Srivastava,
                            C.S.C.

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

1.Heard learned counsel for the petitioner, Mr. Rajesh Kumar
Tiwari, learned Additional Chief Standing Counsel for the State-
respondents and Mr. Avinash Chandra                 Srivastava, learned
counsel for Gram Panchayat.

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

     "(i) Issue a writ, order or direction in the nature of mandamus
     directing     Additional   Commissioner   (Judicial)    2nd   Agra
     Division Agra to decide the appeal no. 935 of 2026
     (Computerized case no. C20260100000935(Ram Gopal V/S
     Haripal Singh) under section 207 of U.P. Revenue Code filed
     by the petitioner within stipulated time fixed by this Hon'ble
     court otherwise the Petitioner shall suffer irreparable loss and
     injury during the pendency of this writ petition.

     (ii) Issue a writ, order or direction in the nature of certiorari
     calling for record quashing the impugned order dated 07-04-
     2026 passed by. Additional Commissioner (Judicial) 2nd Agra
     Division Agra in appeal no. 935 of 2026 (Computerized case
     no. C20260100000935(Ram Gopal V/S Haripal Singh) under
     section 207 of U.P. Revenue Code and to direct the
     respondents status quo may be maintained during pendency
     of appeal."
                                                                                          WRIC No. 35224 of 2026
                                                                  2


                                    3. Learned counsel for the petitioner submitted that an application
                                    for interim relief filed on behalf of petitioner in appeal under Section
                                    207 of U.P. Revenue Code, 2006 has been rejected under the
                                    impugned order in the illegal and arbitrary manner, but the appeal
                                    is pending since 09.03.2026 before respondent no.2-Additional
                                    Commissioner (Judicial) 2nd Arga Division Agra . He submitted
                                    that proper direction be issued to respondent no.2 to decide the
                                    aforementioned pending appeal within time bound period and till
                                    the pendency of the appeal parties be directed to maintain status
                                    quo. He further placed certified copy of grounds of appeal as well
                                    as case summary which has been annexed as Annexure No.3 & 4
                                    to the writ petition in order to demonstrate that the case is not
                                    proceeding expeditiously.

                                    4. I have considered the arguments advanced by learned cousnel
                                    for the petitioner and perused the record.

                                    5. There is no dispute about the fact that appeal filed under Section
                                    207 of U.P. Revenue Code, 2006 against the order passed in the
                                    proceeding under section 117 of U.P. Revenue Code, 2006 is
                                    pending before respondent no.2

                                    6. Considering the circumstances of the case, the interest of justice
                                    requires that pending appellate proceeding should be decided
                                    expeditiously.

                                    7. Considering the entire facts and circumstances of the case, the
                                    present   petition   stands   disposed     of     finally   directing   the
                                    respondent no.2-Additional Commissioner (Judicial) 2nd Arga
                                    Division Agra to decide the aforementioned appeal in accordance
                                    with law expeditiously and preferably within a period of four
                                    months from the date of production of certified copy of this order
                                    after giving opportunity of hearing to both the parties.
                                    September 21, 2026
                                    PS*

                                                                                    (Chandra Kumar Rai,J.)




Digitally signed by :-
PRITI SHARMA
High Court of Judicature at Allahabad


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