Allahabad High Court
MOHD. MUSTAFA AND 4 OTHERSversusADDITIONAL COMMISSIONER (JUDICIAL), PRAYAGRAJ DIVISION AND AND 6 OTHERS
- Decided
- Bench
- CHANDRA KUMAR RAI
Holding
The court directed the Additional Commissioner (Judicial) to decide the pending revision within three months, without expressing any opinion on the merits.
Summary
The petitioners filed a writ petition under Section 219 of the U.P. Land Revenue Act, 1901, seeking a mandamus directing the Additional Commissioner (Judicial), Prayagraj Division, to decide a pending revision (Case No.2036/2024) expeditiously. The petition alleged undue delay in disposal of the revision and attached the revision memo, case summary, and order as annexures. The court examined the petition without delving into the merits of the underlying dispute. It held that the statutory duty to decide the revision could be enforced through mandamus. Consequently, the court ordered the respondent to decide the revision within three months of the certified copy of the order, after giving both parties a hearing, and disposed of the petition.
Issues considered
- Whether a writ of mandamus under Section 219 of the U.P. Land Revenue Act, 1901, can be issued to compel the Additional Commissioner (Judicial) to decide a pending revision expeditiously.
Legislation cited
- U.P. Land Revenue Act, 1901 — s. 219
Subjects
- mandamus
- writ petition
- revision
- U.P. Land Revenue Act
- expeditious disposal
- administrative law
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
WRIT - C No. - 35297 of 2026
Mohd. Mustafa And 4 Others
.....Petitioner(s)
Versus
Additional Commissioner (Judicial), Prayagraj
Division And And 6 Others .....Respondent(s)
Counsel for Petitioner(s) : Aprajit Yadav, Krishn Kumar,
Shyam Lal Yadav
Counsel for Respondent(s) : Azad Rai, C.S.C.
Court No. - 37
HON'BLE CHANDRA KUMAR RAI, J.
1.Heard Mr. Aprajit Yadav, learned counsel for the petitioner, Mr.
Rajesh Kumar Tiwari, learned Additional Chief Standing Counsel
for the State-respondents and Mr. Azad Rai, learned counsel for
the Gaon 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 the Respondent No.1 to decide
the Case No.2036/2024 (Computerized Case
No.C202402000002036) "Mohd. Mustafa and Others
vs. Amar Bahadur and Others", u/s-219 of the U.P.
Land Revenue Act, 1901, dated 19.09.2024, which is
pending before the Court of Respondent No.1,
expeditiously, within a specified period to be fixed by
this Hon'ble Court."
3. Learned counsel for the petitioner submitted that the revision
filed on behalf of the petitioner in the year 2024 is pending before
respondent no.1-Additional Commissioner (Judicial) Prayagraj
Division, Prayagraj. He further submitted that proper direction be
issued for expeditious disposed of pending revision. He further
placed certified copy of the memo of revision, case summary as
well as order passed in revision, which has been annexed as
WRIC No. 35297 of 2026
2
Annexure No.3 to the writ petition 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 issue, the present
petition stands disposed of finally directing respondent no.1-
Additional Commissioner (Judicial) Prayagraj Division, Prayagraj to
decide the aforementioned revision in accordance with law
expeditiously and preferably within a period of three 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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