Created by Fuzzy Cloud

Allahabad High Court

GULAM HUSAINversusSTATE OF U.P. AND 48 OTHERS

Decided

Holding

The court directed the Sub Divisional Magistrate to decide the suit under Section 116 of the U.P. Revenue Code, 2006 without unnecessary adjournments.

Summary

The petitioner, Gulam Husain, filed a writ petition seeking a direction to the Sub Divisional Magistrate of Machali Sahar, Jaunpur, to decide Suit No.7354 of 2025 under Section 116 of the U.P. Revenue Code, 2006 within the stipulated period. The petition did not request any relief against the private respondents, and the court held that notices to them were unnecessary. After hearing both sides, the court, without expressing any view on the merits of the underlying suit, ordered the magistrate to decide the suit strictly in accordance with law and to avoid unnecessary adjournments unless a legal impediment exists. The order was made on March 18, 2026, by Justice Prakash Padia. Consequently, the writ petition was disposed of with the said direction.

Issues considered

  • Whether the Sub Divisional Magistrate should be directed to decide the suit under Section 116 of the U.P. Revenue Code, 2006 within the stipulated period without unnecessary adjournments

Legislation cited

Subjects

  • writ petition
  • Section 116
  • U.P. Revenue Code
  • adjournment
  • direction to decide suit
  • sub divisional magistrate

Judgment

                                             HIGH COURT OF JUDICATURE AT ALLAHABAD
                                                             WRIT - C No. - 7639 of 2026

                                    Gulam Husain
                                                                                                  .....Petitioner(s)
                                                                         Versus

                                    State Of U.P. And 48 Others
                                                                                                .....Respondent(s)

                                    Counsel for Petitioner(s)            :   Dinesh Kumar, Manoj Srivastava
                                    Counsel for Respondent(s)            :   C.S.C.

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

                                    1. Heard learned counsel for the petitioner.

                                    2. In view of the order proposed to be passed today, notices need not be
                                    issued to the private-respondents.

                                    3. The only prayer made by the petitioner in the present writ petition is to
                                    direct the Respondent No.2 namely Sub Divisional Magistrate, Tehsil
                                    Machali Sahar, District Jaunpur to decide the Suit No.7354 of 2025
                                    (T202514350307354) (Gulam Husain vs. Goav Sabha and others) under
                                    Section 116 of U.P. Revenue Code, 2006 within stipulated period.

                                    4. Heard counsel for the parties.

                                    5. Considering the facts and circumstances of the case and without
                                    expressing any opinion on the merits of the issue, the present writ petition is
                                    disposed of finally with a direction to the Respondent No.2 namely Sub
                                    Divisional Magistrate, Tehsil Machali Sahar, District Jaunpur, to decide the
                                    aforesaid suit strictly in accordance with law, without granting any
                                    unnecessary adjournment, unless there is no legal impediment.



                                                                                              (Prakash Padia,J.)
                                    March 18, 2026
                                    Swati




Digitally signed by :-
SWATI PATHAK
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.