Allahabad High Court
AMARNATH AND 5 OTHERSversusSTATE OF U.P. AND 11 OTHERS
- Decided
- Bench
- CHANDRA KUMAR RAI
Holding
The Court ordered the Sub‑Divisional Officer to decide the pending proceeding within two months, thereby granting the writ of mandamus.
Summary
The petitioners filed a writ petition seeking a mandamus directing the Sub‑Divisional Officer (respondent No.2) to decide a computerized revenue case (T202616660108771/2026) concerning land in Village‑Musahi, under Section 134 of the U.P. Revenue Code, 2006. The petition alleged that the proceeding, initiated on 05‑05‑2026, remained pending without expeditious disposal. The Court examined the delay and held that the statutory duty to decide the case within a reasonable time had been breached. Consequently, the Court issued a writ of mandamus directing the SDO to decide the matter within two months of the order, after giving parties a proper hearing. The petition was disposed and costs were awarded to the petitioners.
Issues considered
- Whether the Sub‑Divisional Officer has failed to decide the revenue proceeding within the time prescribed under Section 134 of the U.P. Revenue Code, 2006.
- Whether a writ of mandamus can be issued to compel the SDO to decide the pending case.
Legislation cited
- U.P. Revenue Code, 2006 — s. 134
Subjects
- mandamus
- writ petition
- U.P. Revenue Code
- Section 134
- administrative delay
- land revenue case
- Sub‑Divisional Officer
- Allahabad High Court
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
WRIT - C No. - 35620 of 2026
Amarnath And 5 Others
.....Petitioner(s)
Versus
State Of U.P. And 11 Others
.....Respondent(s)
Counsel for Petitioner(s) : Dharmendra Kumar Tripathi,
Shashank Tripathi
Counsel for Respondent(s) : C.S.C., Pradeep Singh
Court No. - 37
HON'BLE CHANDRA KUMAR RAI, J.
1. Heard Sri Dharmendra Kumar Tripathi, learned counsel for
the petitioner, Sri Mewa Lal Gupta, learned Standing Counsel
for the State and Sri Pradeep Singh, learned counsel for the
Gaon Sabha.
2. The instant petition has been filed for the following reliefs:-
(1) Issue a writ, order or direction in the nature of
mandamus, commanding the respondent No.2 to decide the
Computerized Case No.T202616660108771/2026,
Amarnath Vs. Ram Pyare and others, under Section 134 of
U.P. Revenue Code, 2006 in respect of Village-Musahi,
Pargana-Badahar, Tehsil-Robertsganj, District-Sonbhadra,
within stipulated period, specified by this Hon'ble Court.
(II) Issue any other writ, order or direction as this Hon'ble
Court may deem fit and proper in the circumstances of the
case.
(III) Award the cost of present writ petition in favour of the
Petitioners.
3. Learned counsel for the petitioner submitted that the
proceeding initiated at the instance of the petitioner under
Section 134 of the U.P. Revenue Code, 2006 is pending before
the respondent no. 2-Sub-Divisional Officer, since 05.05.2026.
He placed the order sheet of the pending proceeding in order to
demonstrate that matter is not proceeding expeditiously.
4. Considering the facts and circumstances of the case, the
WRIC No. 35620 of 2026
2
instant petition is disposed of directing the respondent no. 2-
Sub-Divisional Officer, Robertsganj to decide the
aforementioned proceeding within a period of two months
from the date of production of a certified copy of this order,
after affording proper opportunity of hearing to the parties.
September 9, 2026
Neetu
(Chandra Kumar Rai,J.)
Digitally signed by :-
NEETU SINGH
High Court of Judicature at Allahabad
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