Allahabad High Court
BINDU KUMAR AND ANOTHERversusSTATE OF U.P. AND 5 OTHERS
- Decided
- Disposal
- Disposed off/Decided on merits
- Bench
- MANISH KUMAR NIGAM
Holding
The court issued a mandamus directing the Sub‑Divisional Magistrate to decide the pending representation within three months, thereby granting the petitioners’ relief.
Summary
The petitioners, Bindu Kumar and another, filed a writ petition seeking a mandamus directing the Sub‑Divisional Magistrate of Badalapur to decide their representation dated 23‑01‑2026 under Section 24(2) of the U.P. Revenue Code, 2006, and to deliver possession of land and demolish illegal constructions. The court observed that the representation remained pending and that retaining the writ petition would serve no useful purpose. Accordingly, the court disposed of the petition and issued a direction that the Magistrate must decide the representation within three months of the order, after serving notice and affording a hearing. The order implicitly required the Magistrate to ensure possession and demolition if no other legal impediment exists. The decision rests on the principle that a mandamus may be issued to compel a public authority to perform a statutory duty that has been unreasonably delayed.
Issues considered
- Whether the Sub‑Divisional Magistrate’s failure to decide the representation within a reasonable time warrants issuance of a mandamus.
- Whether the petitioners are entitled to possession of the land and demolition of illegal construction through the writ.
Legislation cited
- U.P. Revenue Code, 2006 — s. 24(2)
Subjects
- mandamus
- writ of mandamus
- U.P. Revenue Code 2006
- Section 24(2)
- land possession
- illegal construction
- Sub‑Divisional Magistrate
- delay
- expeditious decision
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
WRIT - C No. - 6175 of 2026
Bindu Kumar And Another
.....Petitioner(s)
Versus
State Of U.P. And 5 Others
.....Respondent(s)
Counsel for Petitioner(s) : Gyan Prakash Tiwari, Kamlesh Tiwari
Counsel for Respondent(s) : C.S.C.
Court No. - 36
HON'BLE MANISH KUMAR NIGAM, J.
1. Heard learned counsel for the parties and perused the record.
2. This writ petition has been filed seeking following relief :-
"Issue a writ, order or direction in nature of mandamus commanding and directing
directing the Sub-Divisional Magistrate, Tehsil Badalapur, District Jaunpur (respondent
no. 2) to decide the representation date 23.01.2026 of the petitioners under Section 24(2)
of U.P. Revenue Code 2006, situated at Village Sadhapur, Pergana Chanda, Tehsil
Badalapur, District Jaunpur, within stipulated period as fix by his Hon'ble Court.
Issue a writ, order or direction in nature of mandamus commanding the respondent no. 2
to deliver the possession to the petitioners over the above Arazi No.1699 area 0.417
hectare situated at Village Sadhapur, Pergana Chanda, Tehsil Badalapur, District
Jaunpur. And demolish illegal construction made by respondent no. 4 to 6."
3. Learned counsel for the petitioner submitted that the above-mentioned
representation is pending consideration and the same has not been decided till date.
Learned counsel prayed that the same may be decided, expeditiously.
4. Since the above-mentioned representation is pending, no useful purpose would be
served in keeping this petition pending.
5. In view of the above, this writ petition stands disposed of with a direction to the
Sub-Divisional Magistrate, Tehsil Badalapur, District Jaunpur to decide the above-
mentioned representation, in accordance with law, expeditiously, preferably within
three months from the date of production of a certified copy of this order, after
ensuring service of notice upon all the respondents and providing opportunity of
hearing to all the concerned parties provided there is no other legal impediment.
March 23, 2026
Rishabh
(Manish Kumar Nigam,J.)
Digitally signed by :-
RISHABH KUMAR
High Court of Judicature at Allahabad
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