Allahabad High Court
RAM GOPALversusSTATE OF U.P. AND 6 OTHER
- Decided
- Bench
- CHANDRA KUMAR RAI
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
- U.P. Revenue Code, 2006 — s. 117, 207
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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