Created by Fuzzy Cloud

Allahabad High Court

SMT. SUSHILA PANDEYversusSTATE OF U.P. AND ANOTHER

Decided

Holding

The Court directed the Sub Divisional Officer (Judicial) to decide the restoration application within three months, thereby granting the relief sought.

Summary

Petitioner Smt. Sushila Pandey filed a writ petition seeking a mandamus directing the Sub Divisional Officer (Judicial), Handia Tehsil, to dispose of a restoration application (T202502030410488) that had been pending for over five years. The petitioner argued that despite the lapse of considerable time, no final decision had been rendered. The Court noted that putting a private respondent on notice was unnecessary and reserved the right for any aggrieved private respondent to seek modification. Considering the delay, the Court ordered the respondent to decide the case strictly in accordance with law within three months of receiving the certified copy, without unnecessary adjournments unless a legal impediment exists. The petition was thus disposed with a directive for expeditious disposal.

Issues considered

  • Whether the delay of over five years in deciding the restoration application warrants issuance of a mandamus directing speedy disposal.

Subjects

  • writ petition
  • mandamus
  • delay in disposal
  • restoration application
  • expeditious disposal
  • adjournment

Judgment

                HIGH COURT OF JUDICATURE AT ALLAHABAD

                            WRIT - C No. - 6199 of 2026

Smt. Sushila Pandey
                                                                  .....Petitioner(s)
                                      Versus
State of U.P. and Another
                                                                .....Respondent(s)

Counsel for Petitioner(s)                        :    Krishna Kant Singh
Counsel for Respondent(s)                        :    C.S.C.

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

     1. Heard learned counsel for the petitioner, learned counsel for
     the respondents and perused the record.

     2. In view of the order proposed to be passed herein, no useful
     purpose would be served by putting the private respondent to
     notice and keeping this petition pending before this Court.
     However, in case the private respondent feels aggrieved by the
     order his/her right to seek modification/variation of the order is
     being kept reserved.

     3. The instant writ petition has been filed with the following
     relief:-

           "1. Issue a writ, order or direction in the nature of
           mandamus, directing the respondent no.2 to disposed
           of the restoration Application T202502030410488
           Annexure No. 5 writ petition for restoring the original
           case no. T201902030401823 to be decided early as
           possible after allowing restoration by respondent No.2
           within 3 and 4 months because above than 5
           years time is elapsed. "

     4. It is argued by counsel for the petitioner that though a
     considerable time has already been lapsed but till date no final
     decision has been taken in the matter.

     5. In the facts and circumstances of the case, the present
     petition is disposed of directing the respondent no. 2/ Sub
     Divisional Officer (Judicial) Handia Tehsil Handia, District
                                                                                            WRIC No. 6199 of 2026
                                                                   2


                                         Prayagraj to decide the aforesaid case/suit strictly in accordance
                                         with law most expeditiously and preferably within a period of
                                         three month from the date of production of certified copy
                                         before the trial court but without granting unnecessary
                                         adjournment unless there is no legal impediment.



                                    March 16, 2026
                                    Sushma
                                                                                              (Prakash Padia,J.)




Digitally signed by :-
SUSHAMA YADAV
High Court of Judicature at Allahabad


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

For a signed copy suitable for filing, refer to the court's website.