Allahabad High Court
RAKESH KUMAR ALIAS RAMESH KUMARversusSTATE OF U.P. AND 2 OTHERS
- Decided
- Bench
- CHANDRA KUMAR RAI
Holding
The Court issued a mandamus directing the respondent to decide the pending appeal within three months, without expressing any view on the merits.
Summary
The petitioner filed a writ petition under Section 331 of the Uttar Pradesh Zamindari Abolition & Land Reforms Act seeking a mandamus directing the Additional Commissioner (Administration), Prayagraj, to decide appeal No. 2322 of 2025 (Rakesh Kumar alias Ramesh Kumar v. State of U.P.) which had been pending since 10 September 2025. The petitioner alleged that the appeal was not being progressed expeditiously and submitted the order sheet as evidence. The Court, after hearing, declined to opine on the merits of the appeal but exercised its supervisory jurisdiction to direct the respondent to dispose of the appeal within three months of the order, after giving both parties a hearing. The order was signed by Justice Chandra Kumar Rai and the petition was marked disposed. No other substantive issues were addressed.
Issues considered
- Whether a writ of mandamus can be issued directing the Additional Commissioner (Administration) to decide a pending appeal under Section 331 of the U.P. Zamindari Abolition & Land Reforms Act.
Legislation cited
- Uttar Pradesh Zamindari Abolition & Land Reforms Act — s. 229-B, 331
Subjects
- mandamus
- writ petition
- expeditious disposal
- Section 331
- U.P. Zamindari Abolition & Land Reforms Act
- administrative delay
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
WRIT - C No. - 38613 of 2026
Rakesh Kumar Alias Ramesh Kumar
.....Petitioner(s)
Versus
State Of U.P. And 2 Others
.....Respondent(s)
Counsel for Petitioner(s) : Ashok Kumar Pandey
Counsel for Respondent(s) : Azad Rai, C.S.C.
Court No. - 37
HON'BLE CHANDRA KUMAR RAI, J.
1.Heard learned counsel for the petitioner, Mr. Rajesh Kumar
Tiwari, learned Additional chief Standing Counsel for the State-
respondents and Mr. Azad Rai, learned counsel for the gaon
sabha.
2.The instant petition has been filed for the following relief:-
"I. Issue a writ, order or direction in the nature of
mandamus commanding the respondent no.2 to
decide the case No. 2322 of 2025, Computer No.
C20252000002322 (Rakesh Kumar alias Ramesh
Kumar Versus State of U.P. and another) under
section 331 U.P. Z.A & L.R. Act, decide, within a time
bound manner which is to be fixed by this Hon'ble
Court."
3. Learned counsel for the petitioner submitted that the
aforementioned appeal under Section 331 of U.P.Z.A. & L. R. Act
filed by the petitioner arising out of proceeding of suit under
Section 229-B of U.P.Z.A. & L. R. Act is pending before respondent
no.2-Additional Commissioner (Administration) Prayagraj, Mandal
Prayagraj since 10.09.2025. 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 proceeding
expeditiously.
WRIC No. 38613 of 2026
2
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) Prayagraj, Mandal
Prayagraj. 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 24, 2026
PS*
(Chandra Kumar Rai,J.)
Digitally signed by :-
PRITI SHARMA
High Court of Judicature at Allahabad
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