Allahabad High Court
CHANDRAPRAKASHversusSTATE OF U.P. AND 8 OTHERS
- Decided
- Bench
- GARIMA PRASHAD
Holding
The Court directed the Additional Commissioner (Judicial) Azamgarh to decide the pending appeal within four months.
Summary
The petitioner filed a writ petition seeking a mandamus directing the Additional Commissioner (Judicial) of Azamgarh to decide Appeal No. 221 of 2025 (Shivprasad v. Ramkripal) pending under Section 331(3) of the Uttar Pradesh Zila Adalat & Land Revenue Act, 1950 since 28 January 2025. The petitioner argued that the appeal had been unduly delayed and required expeditious disposal. The State, represented by standing counsel, raised no objection to the petition and was amenable to a direction for timely decision. The Court examined whether a writ of mandamus could be issued to compel the Commissioner to decide a pending appeal under the said statutory provision. Finding no impediment, the Court ordered the Commissioner to decide the appeal within four months of the certified copy of the order. Consequently, the writ petition was disposed with the specified direction.
Issues considered
- Whether a writ of mandamus can be issued to compel the Additional Commissioner (Judicial) to decide a pending appeal under Section 331(3) of the U.P. Z.A. & L.R. Act, 1950.
Legislation cited
- U.P. Z.A. & L.R. Act, 1950 — s. 331(3)
Subjects
- mandamus
- writ petition
- expeditious disposal
- appeal pending
- Uttar Pradesh Zila Adalat & Land Revenue Act
- judicial commission
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
WRIT - C No. - 35478 of 2026
Chandraprakash
.....Petitioner(s)
Versus
State Of U.P. And 8 Others
.....Respondent(s)
Counsel for Petitioner(s) : Anurag Upadhyay
Counsel for Respondent(s) : C.S.C., Rameshwar Prasad Shukla
Court No. - 37
HON'BLE GARIMA PRASHAD, J.
1. Heard learned counsel for the petitioner and learned Standing Counsel for
the State respondents.
2. By means of this petition, the petitioner has prayed for the following
relief:
"(I) Issue a writ, order or direction in the nature of mandamus
commanding the Additional Commissioner (Judicial) Azamgarh,
Azamgarh (Respondent No.2) Appeal No.-to Division-decide the
221/2025 (Computer No. C202515000000221), Shivprasad Vs.
Ramkripal, Under Section 331(3) of U.P.Z.A. & L.R. Act, 1950 pending in
his court expeditiously, preferably within the short period fixed by this
Hon'ble Court."
3. Learned counsel for the petitioner submits that the petitioner filed an
appeal before Commissioner Azamgarh Division, Azamgarh being Appeal
No. 221 of 2025, under Section 331(3) of U.P.Z.A. & L.R. Act, which is
pending since 28.01.2025. He prays that the said case may be directed to be
decided expeditiously.
4. Learned Standing Counsel for the State submits that he has no objection in
the event this petition is disposed of with a direction to the respondent no.2
to decide the pending appeal, in accordance with law.
5. In view of the above, this writ petition is disposed of with a direction to
the respondent no.2/Commissioner Azamgarh Division, Azamgarh to decide
WRIC No. 35478 of 2026
2
the pending appeal within a period of four months from the date of
production of a certified copy of this order.
(Garima Prashad,J.)
September 29, 2026
Lbm/-
Digitally signed by :-
LAL BAHADUR MAURYA
High Court of Judicature at Allahabad
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