Allahabad High Court

MOIUDDINversusSTATE OF U.P. AND 3 OTHERS

Decided: 18 March 2026
Bench: PRAKASH PADIA

Holding

The court directed the Assistant Collector to decide the matter strictly in accordance with law and within four months.

Summary

The Gaon Sabha initiated proceedings against the petitioner under Section 67 of the U.P. Revenue Code, 2006, which were later dropped by the Assistant Collector. The Gaon Sabha filed a recall and stay application, which the court allowed. The petitioner then filed a statutory appeal under Section 67(5), which was dismissed by the Additional District Magistrate. The petitioner sought a directive for the Assistant Collector to decide the matter in accordance with law and expeditiously. The High Court, without interfering with the challenged orders, disposed of the writ petition by directing the Assistant Collector to decide the matter strictly according to law within four months, unless a legal impediment exists.

Issues considered

Whether the Assistant Collector must decide the matter in accordance with law following the dismissal of the statutory appeal.
Whether the writ petition can direct a time-bound decision without interfering with the substantive orders.

Legislation cited

U.P. Revenue Code, 2006 — s. 67, 67(5)

Subjects

Section 67
U.P. Revenue Code
statutory appeal
writ petition
administrative law
expeditious decision

Judgment

                                              HIGH COURT OF JUDICATURE AT ALLAHABAD
                                                                WRIT - C No. - 5852 of 2026

                                    Moiuddin
                                                                                                        .....Petitioner(s)
                                                                            Versus

                                    State Of U.P. And 3 Others
                                                                                                      .....Respondent(s)

                                    Counsel for Petitioner(s)           : Amit Kumar Singh, Santosh Kumar
                                                                          Srivastava
                                    Counsel for Respondent(s)           : Arun Kumar Pandey, C.S.C.

                                    Court No. - 6
                                                           HON'BLE PRAKASH PADIA, J.

                                    1. Proceedings initiated against the petitioner by the Gaon Sabha under Section 67 of
                                    the U.P. Revenue Code, 2006 was dropped by the Respondent No.3 namely Assistant
                                    Collector Ist Class/ Tehsildar (Judicial), Tehsil Milak, District Rampur vide order
                                    dated 18.12.2023.


                                    2. Aggrieved against the aforesaid, recall application along with stay application was
                                    filed by the Gaon Sabha which was allowed by him vide its order dated 14.02.2025.


                                    3. Aggrieved against the aforesaid, statutory appeal as provided under Section 67(5) of
                                    the U.P. Revenue Code, 2006 was filed by the petitioner which was dismissed by the
                                    respondent No.2 namely Additional District Magistrate (Finance and Revenue),
                                    Rampur, District Rampur vide order dated 11.12.2025, hence the present writ petition.


                                    4. After some arguments, counsel for the petitioner confined his prayer and prayed
                                    that the respondent no.3 namely Assistant Collector Ist Class/ Tehsildar (Judicial),
                                    Tehsil Milak, District Rampur be directed to decide the matter in accordance with law
                                    and also in terms of observations made in the judgment and order dated 11.12.2025
                                    passed by the respondent no.2, expeditiously.


                                    5. In this view of the matter and without interfering with the orders which are under
                                    challenge, the present writ petition is disposed of finally directing the respondent
                                    no.3 namely Assistant Collector Ist Class/ Tehsildar (Judicial), Tehsil Milak, District
                                    Rampur to decide the matter strictly in accordance with law, most expeditiously and
                                    preferably within a period of four months from the date of presentation of certified
                                    copy of this order, unless there is no legal impediment.



                                                                                                    (Prakash Padia,J.)
                                    March 19, 2026
                                    Swati




Digitally signed by :-
SWATI PATHAK
High Court of Judicature at Allahabad

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