Allahabad High Court
JITENDRA KUMAR SRIVASTAVAversusSTATE OF UP AND 3 OTHERS
- Decided
- Bench
- KSHITIJ SHAILENDRA
Holding
The Sub‑Divisional Magistrate must decide the pending application under Section 24 of the U.P. Revenue Code, 2006 within three months of the order.
Summary
Petitioner Jitendra Kumar Srivastava filed a writ petition seeking a direction to the Sub‑Divisional Magistrate (SDM) of Tehsil Meja, Prayagraj, to decide an application dated 26‑05‑2026, which was merely a reminder sent by registered post. The application is filed under Section 24 of the Uttar Pradesh Revenue Code, 2006 and remains pending. The respondent State argued that a report indicating the land is "abadi" suggested the petitioner could approach a competent court, but the court held that a report does not constitute a final order under Section 24. Consequently, the SDM is legally bound to dispose of the pending application in accordance with the statute. The High Court disposed of the petition, directing the SDM to decide the application within three months, with short dates to be fixed.
Issues considered
- Whether the Sub‑Divisional Magistrate is obligated to decide a pending application filed under Section 24 of the U.P. Revenue Code, 2006 despite the existence of a report.
- Whether a report or administrative submission can be treated as an order in proceedings under Section 24.
Legislation cited
- Uttar Pradesh Revenue Code, 2006 — s. 24
Subjects
- writ petition
- Section 24
- U.P. Revenue Code
- Sub‑Divisional Magistrate
- pending application
- administrative reminder
- direction
Judgment
.
.
HIGH COURT OF JUDICATURE AT ALLAHABAD
WRIT - C No. - 38517 of 2026
Jitendra Kumar Srivastava
.....Petitioner(s)
Versus
State of U.P. and 3 others
.....Respondent(s)
Counsel for Petitioner(s) : Syed Shahnawaz Shah
Counsel for Respondent(s) : C.S.C.
Court No. - 4
HON'BLE KSHITIJ SHAILENDRA, J.
1. Although prayer has been made to issue a direction to the Sub-
Divisional Magistrate, Tehsil Meja, District-Prayagraj to decide
petitioner's application dated 26.05.2026, a perusal of record indicates
that the said application is, in fact, a reminder moved on administrative
side through registered post.
2. When asked, learned counsel for the petitioner submitted that the said
reminder is in relation to application registered under Section 24 of the
U.P. Revenue Code, 2006 ('the Code') at Number T202502030811919,
which is pending.
3. Learned Standing Counsel submits with reference to certain reports on
record that the land being abadi, there is already an indication made to the
effect that petitioner may avail remedy before the competent court.
4. Be that as it may, mere submission of report in pending proceedings
cannot be equated with an order passed in proceedings under Section 24
of the Code and, therefore, the Sub Divisional Magistrate is under
obligation to dispose of the application in accordance with law.
5. The petition is disposed of directing the Sub Divisional Magistrate
WRIC No. 38517 of 2026
2
concerned to decide the Application No.T202502030811919 within three
months from the date a copy of this order is produced by fixing short
dates, preferably, on weekly/fortnightly basis.
(Kshitij Shailendra,J.)
September 23, 2026
Jyotsana
Digitally signed by :-
JYOTSANA SINGH
High Court of Judicature at Allahabad
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