Allahabad High Court
SHILPIversusSTATE OF U.P. AND 12 OTHERS
- Decided
- Bench
- GARIMA PRASHAD
Holding
The Court directed the Sub‑Divisional Magistrate to decide the pending suit expeditiously, effectively granting the writ of mandamus.
Summary
The petitioner, Shilpi, filed a writ petition seeking a mandamus directing the Sub‑Divisional Magistrate (SDM) of Handia, District Prayagraj, to decide a pending suit (No. 21440 of 2025) filed under Section 116 of the U.P. Revenue Code, 2006. The petitioner argued that the suit, filed on 17‑Nov‑2025, had remained undecided and required expeditious disposal. The State, through its Standing Counsel, raised no objection to the direction. The Court examined whether it could issue a mandamus to compel the SDM to decide the suit without undue delay. Finding no impediment, the Court ordered the SDM to decide the pending suit as expeditiously as possible, without granting unnecessary adjournments, and disposed of the petition.
Issues considered
- Whether the High Court can issue a writ of mandamus directing a Sub‑Divisional Magistrate to decide a pending suit under Section 116 of the U.P. Revenue Code, 2006 expeditiously.
Legislation cited
- U.P. Revenue Code, 2006 — s. 116
Subjects
- mandamus
- writ petition
- expeditious disposal
- U.P. Revenue Code
- Sub‑Divisional Magistrate
- administrative law
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
WRIT - C No. - 36745 of 2026
Shilpi
.....Petitioner(s)
Versus
State Of U.P. And 12 Others
.....Respondent(s)
Counsel for Petitioner(s) : Rama Shankar Singh, Saurabh Kumar
Counsel for Respondent(s) : Azad Rai, C.S.C.
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:
"(a). Issue a writ, order or direction in the nature of mandamus
commanding/directing the respondent no.2 (Sub Divisional Magistrate,
Tehsil Handia, District Prayagraj to decide the Case No. 21440 of 2025,
Computer Case No. T202502040421440 dated 17.11.2025, Shilpi Vs. Om
Prakash Upadhyay and others, under Section 116 of the U.P. Revenue
Code, 2006 pending before him, expeditiously or within stipulated period
as may be fixed by this Hon'ble Court."
3. Learned counsel for the petitioner submits that a Suit No. 21440 of 2025,
under Section 116 of the U.P. Revenue Code, 2006 is pending before the
respondent no.2 Sub-Divisional Magistrate Handia, District Prayagraj since
17.11.2025. He prays that the said suit 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 suit, in accordance with law.
5. In view of the above, this writ petition is disposed of with a direction to
the respondent no.2/Sub-Divisional Magistrate Handia, District Prayagraj to
WRIC No. 36745 of 2026
2
decide the pending suit, in accordance with law, as expeditiously as possible,
without granting unnecessary adjournment to either of the parties.
(Garima Prashad,J.)
September 29, 2026
Lbm/-
Digitally signed by :-
LAL BAHADUR MAURYA
High Court of Judicature at Allahabad
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