Allahabad High Court
ANIRUDDHA NARAYANversusSTATE OF U.P. AND 3 OTHER
- Decided
- Bench
- CHANDRA KUMAR RAI
Holding
The court directed the Additional Commissioner (Administration) Agra Division to decide the pending appeal within three months, issuing a mandamus.
Summary
The petitioner filed a writ petition seeking a mandamus directing the Additional Commissioner (Administration) of Agra Division to decide Appeal No. 701 of 2024, filed under Section 38(4) of the U.P. Revenue Code, 2006. The appeal had been pending since 29‑12‑2023, and the petitioner alleged that further delay would cause irreparable loss. The court examined the petition without delving into the merits of the underlying revenue dispute. Relying on the provisions of the Revenue Code and the principle that administrative authorities must act within a reasonable time, the court ordered the respondent to decide the appeal expeditiously. The order directed that the decision be rendered within three months of the production of the certified copy of the court's order, after giving both parties an opportunity of hearing. Consequently, the petition was disposed of with the mandated direction.
Issues considered
- Whether the High Court can issue a mandamus directing the Additional Commissioner to decide a pending appeal under Section 38(4) of the U.P. Revenue Code, 2006 within a specified time.
Legislation cited
- U.P. Revenue Code, 2006 — s. 38(4)
Subjects
- mandamus
- writ petition
- U.P. Revenue Code
- administrative law
- expeditious disposal
- appeal
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
WRIT - C No. - 36481 of 2026
Aniruddha Narayan
.....Petitioner(s)
Versus
State Of U.P. And 3 Other
.....Respondent(s)
Counsel for Petitioner(s) : Dwijendra Prasad
Counsel for Respondent(s) : C.S.C., Rajesh Kumar Jaiswal
Court No. - 37
HON'BLE CHANDRA KUMAR RAI, J.
1.Heard learned counsel for the petitioner, Mr. Prakash Chandra
Shukla, learned counsel holding the brief of Mr. R.K. Jaiswal,
learned counsel for respondent No.3 and Mr. Jitendra Narayan
Rai, learned Additional Chief Standing Counsel for the State-
respondents.
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
(Administration) Agra Division Agra to decide the
Appeal no. 701 of 2024 (Computerized case no.
C202401000000701) (Subhash Gupta v/s State of U.P.
and others) under section 38(4) of U.P. Revenue
Code filed by the respondent no. 4 within stipulated
time fixed by this Hon'ble court otherwise the
petitioners shall suffer irreparable loss and injury
during the pendency of this writ petition."
3. Learned counsel for the petitioner submitted that the
aforementioned appeal under Section 38 (4) of U.P. Revenue
Code, 2006 filed on behalf of the petitioner is pending before
respondent no.2-Additional Commissioner (Administration)
Agra Division Agra since 29.12.2023. He further placed certified
copy of the order sheet, which has been annexed as Annexure
No.3 to the writ petition in order to demonstrate that the case is not
WRIC No. 36481 of 2026
2
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.2-
Additional Commissioner (Administration) Agra Division Agra
to decide the aforementioned appeal 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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