Allahabad High Court
SHYAM SUNDER SHARMAversusSTATE OF U.P. AND 3 OTHERS
- Decided
Holding
The High Court directed the Sub‑Divisional Officer to decide the pending case under Section 23 of the U.P. Maintenance and Welfare Act, 2007, without undue delay.
Summary
Shyam Sunder Sharma filed a writ petition under Article 226 seeking a direction to the Sub‑Divisional Officer, Tehsil Ghaziabad, to decide a pending case (Case No. 24325 of 2025) under Section 23 of the U.P. Maintenance and Welfare Act, 2007, which had been pending since 29‑Oct‑2025 without a final order. The petitioner argued that the delay was unreasonable, while the State counsel contended that the competent authority would decide the matter expeditiously. The Court observed that putting the opposite party on notice was unnecessary and that any order could be varied by the aggrieved party. It therefore disposed of the writ by directing the concerned authority to decide the case without unnecessary adjournments, unless a legal impediment existed. The order was signed by Judges Indrajeet Shukla and Prakash Padia on 9‑Sept‑2026.
Issues considered
- Whether the High Court can direct an administrative authority to decide a pending case under the U.P. Maintenance and Welfare Act, 2007, expeditiously under Article 226.
- Whether the delay in adjudicating the case since October 2025 violates the petitioner's right to a timely decision.
Legislation cited
- U.P. Maintenance and Welfare Act, 2007 — s. 23
Subjects
- Article 226
- writ petition
- maintenance
- U.P. Maintenance and Welfare Act
- delay
- expeditious decision
- administrative authority
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
WRIT - C No. - 35548 of 2026
Shyam Sunder Sharma
.....Petitioner(s)
Versus
State Of U.P. And 3 Others
.....Respondent(s)
Counsel for Petitioner(s) : Rahul Shukla, Surendra Kumar Tripathi
Counsel for Respondent(s) : C.S.C.
Court No. - 5
HON'BLE PRAKASH PADIA, J.
HON'BLE INDRAJEET SHUKLA, J.
1. Heard learned counsel for the petitioner, learned Standing Counsel for the
respondents and perused the record.
2. The present writ petition under Article 226 of the Constitution of India
has been filed by the petitioner inter-alia with the prayer to direct the
respondent no.2-Sub Divisional Officer, Tehsil Ghaziabad, District
Ghaziabad to decide the case bearing Case No. 24325 of 2025,
Computerized Case No. T202511280124325 (Shyam Sunder Sharma
Versus Divanshu Sharma and another) under Section 23 of U.P.
Maintenance and Welfare Act, 2007, pending in the court of respondent
no.2, since 29.10.2025 within stipulated period of time.
3. In view of the order proposed to be passed herein, no useful purpose
would be served by putting the opposite party to notice and keeping this
petition pending before this Court. However, in case the opposite party feels
aggrieved by the order his/her right to seek modification/Variation of the
order is being kept reserved.
4. It is argued by the learned counsel for the petitioner that matter is pending
since 2025 and considerable time has already been lapsed but till date no
final decision has been taken in the matter.
5. On the other hand, learned Standing Counsel appearing on behalf of the
State-respondents submits that competent authority will take appropriate
decision in the matter, expeditiously.
WRIC No. 35548 of 2026
2
6. In the facts and circumstances of the case, the present petition is disposed
of directing the court concerned to decide the aforesaid case, expeditiously
without granting any unnecessary adjournment to either of the parties, unless
there is no legal impediment.
(Indrajeet Shukla,J.) (Prakash Padia,J.)
September 9, 2026
T.S.
Digitally signed by :-
TRIBHUWAN SINGH
High Court of Judicature at Allahabad
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