Allahabad High Court
HARIBHUVAN SHUKLAversusSTATE OF U.P. AND 7 OTHERS
- Decided
- Bench
- KSHITIJ SHAILENDRA
Holding
The petition is dismissed as no exceptional circumstances exist to warrant expeditious disposal.
Summary
The petitioner, Haribhuvan Shukla, filed a writ petition under Section 116 of the U.P. Revenue Code, 2006, seeking expeditious disposal of a civil suit (Case No. 2004 of 2026) pending before the Nagar Panchayat. The petition lacked an order sheet and the case was still awaiting service of notice on the defendants. The Court examined the Supreme Court’s precedent in High Court Bar Association v. State of U.P. (2024) and found no exceptional circumstances justifying a direction for speedy disposal. Consequently, the petition was dismissed, with liberty granted to the petitioner to file a fresh petition once the parties appear and any delay is not attributable to the petitioner. The order also directs that a copy of this dismissal be annexed to any fresh petition filed.
Issues considered
- Whether the petitioner is entitled to a direction for expeditious disposal of the suit under Section 116 of the U.P. Revenue Code, 2006.
- Whether the absence of an order sheet precludes the filing of the writ petition.
Legislation cited
- U.P. Revenue Code, 2006 — s. 116
Subjects
- expeditious disposal
- Section 116
- U.P. Revenue Code
- writ petition
- delay
- order sheet
- Supreme Court precedent
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
WRIT - C No. - 38426 of 2026
Haribhuvan Shukla
.....Petitioner(s)
Versus
State Of U.P. And 7 Others
.....Respondent(s)
Counsel for Petitioner(s) : Ravi Prakash
Counsel for Respondent(s) : C.S.C.
Court No. - 4
HON'BLE KSHITIJ SHAILENDRA, J.
1. This writ petition has been filed seeking expeditious disposal of Case No.
2004 of 2026 (Computerized Case No. T202614260202004) (Haribhuvan vs.
Nagar Panchayat), under Section 116 of U.P. Revenue Code, 2006.
2. No order sheet has been annexed alongwith the writ petition and the
summary of dates (annexure No. 2) indicates that the matter was filed in
February, 2026 and the proceedings are still at the stage of awaiting service
of notice upon the defendants.
3. In view of the above discussion and the directions of Constitutional Bench
judgment of Hon'ble Supreme Court in the case of High Court Bar
Association, Allahabad vs. State of U.P. and other : 2024 (6) SCC 267,
no exceptional circumstances stand made out to issue any direction for
expeditious disposal.
4. The petition is dismissed at this stage with liberty to the petitioner to file
another petition but only after parties put in appearance and matter reaches
to a stage where proceedings are delayed for the reasons not attributable to
the petitioner.
5. In case, fresh petition is filed by the petitioner, copy of this order shall be
positively annexed as Annexure-1 to the same.
(Kshitij Shailendra,J.)
September 23, 2026
Sazia
Digitally signed by :-
SAZIA AQUIL
High Court of Judicature at Allahabad
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