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Allahabad High Court

M/S VASUNDHARA CIRCLE OLD GT ROAD INFRONT OF HANUMAN MANDIRversusSTATE OF U.P. AND 3 OTHERS

Decided

Holding

The Court directed the Member, Board of Revenue, Circuit Court Agra to decide the petitioner's revision within three weeks, effectively granting the writ of mandamus.

Summary

M/s Vasundhara Circle filed a writ petition seeking a mandamus directing the Member, Board of Revenue, Circuit Court Agra to decide its pending Revision No.159 under Section 56(1)(a) of the Indian Stamp Act, 1899. The petitioner alleged that the revision had been pending without any final adjudication. The Court examined the delay and the need for expeditious disposal. It issued a direction that the revision be decided within three weeks of the certified copy of the order, and conditioned that if the petitioner deposits one‑third of the amount, the recovery certificate against it shall be kept in abeyance. The petition was therefore disposed with the mandated direction.

Issues considered

  • Whether the Court can issue a mandamus directing the Member, Board of Revenue to decide a pending revision under the Indian Stamp Act within a stipulated time

Legislation cited

Subjects

  • mandamus
  • revision
  • Indian Stamp Act
  • Board of Revenue
  • delay in adjudication
  • procedural direction

Judgment

                                                  HIGH COURT OF JUDICATURE AT ALLAHABAD
                                                          WRIT - C No. - 38688 of 2026


                                    M/S Vasundhara Circle Old Gt Road In front of Hanuman
                                    Mandir
                                                                                                              .....Petitioner(s)
                                                                                Versus
                                    State of U.P. And 3 Others
                                                                                                            .....Respondent(s)

                                    Counsel for Petitioner(s)               :    Arpit Malviya, Awadhesh Kumar Malviya
                                    Counsel for Respondent(s)               :    C.S.C.

                                    Court No. - 38
                                                              HON'BLE VINOD DIWAKAR, J.

                                    1. Heard counsel for the petitioner and learned standing counsel representing the
                                    State-respondents.

                                    2. The present writ petition has been preferred for issuance of a direction in the nature
                                    of mandamus commanding the respondent no.2 Member, Board of Revenue, Circuit
                                    Court Agra to decide the petitioner's Revision No.159 of 2026, titled M/s Vasundhara
                                    Circle through Neeraj Goyal v. State of U.P., under Section 56(1)(a) of the Indian
                                    Stamp Act, 1899, within stipulated time.

                                    3. Learned counsel for the petitioner submits that aforesaid revision has been pending
                                    consideration before respondent no.2, but no final decision or adjudication has been
                                    made thereon till date. Therefore, a suitable direction be issued to respondent no.2 to
                                    decide the aforesaid revision expeditiously, within a stipulated time.

                                    4. In view of the facts and circumstances of the case, the present writ petition is finally
                                    disposed of with a direction to respondent no.2 Member, Board of Revenue, Circuit
                                    Court Agra to decide the petitioner's Revision No.159 of 2026, titled M/s Vasundhara
                                    Circle through Neeraj Goyal v. State of U.P., under Section 56(1)(a) of the Indian
                                    Stamp Act, 1899, within a period of three weeks from the date of production of a
                                    certified copy of this order. It is also observed that if the one third of the amount has
                                    been deposited by the petitioner, the recovery certificate issued against the petitioner
                                    shall be kept in abeyance.

                                    September 24, 2026
                                    A. Tripathi
                                                                                                         (Vinod Diwakar,J.)




Digitally signed by :-
AKHILESH TRIPATHI
High Court of Judicature at Allahabad


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