Allahabad High Court
CHANDRAPALversusSTATE OF U.P. AND 11 OTHERS
- Decided
- Bench
- PRAKASH PADIA
Holding
The petition is dismissed as the petitioner failed to demonstrate any extraordinary situation warranting a mandatory time‑bound decision by the lower court.
Summary
Petitioner Chandrapal filed a writ petition under Article 227 of the Constitution seeking a direction to the Sub‑Divisional Magistrate to decide a revenue case (Case No.8565 of 2025) under Section 116 of the Uttar Pradesh Revenue Code within the prescribed time. The High Court examined the petition and found that no extraordinary circumstances or compelling arguments were raised to justify a mandatory time‑bound decision by the lower court. Consequently, the Court dismissed the petition, noting that the lower court should nevertheless decide the matter in accordance with law and avoid unnecessary adjournments. The order emphasizes the High Court's supervisory jurisdiction but requires a clear showing of urgency for such directions. The petition was dismissed without any order directing the lower court to set a specific deadline.
Issues considered
- Whether a writ petition under Article 227 can be entertained to compel a lower court to decide a case within a stipulated period in the absence of extraordinary circumstances.
- Whether the petitioner has demonstrated any legal impediment or urgency justifying such a direction.
Legislation cited
- Constitution of India — s. Article 227
- Uttar Pradesh Revenue Code, 2006 — s. Section 116
Subjects
- Article 227
- writ petition
- supervisory jurisdiction
- Uttar Pradesh Revenue Code
- Section 116
- adjournment
- procedural law
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
WRIT - C No. - 7868 of 2026
Chandrapal
.....Petitioner(s)
Versus
State Of U.P. And 11 Others
.....Respondent(s)
Counsel for Petitioner(s) : Uttar Kumar Goswami
Counsel for Respondent(s) : C.S.C.
Court No. - 6
HON'BLE PRAKASH PADIA, J.
1. Heard learned counsel for the petitioner and perused the record.
2. The petitioner has preferred the present petition under Article 227 of
the Constitution of India inter-alia with the prayer to direct the
Respondent No.3 Sub Divisional Magistrate, Tehsil Bah, District Agrato
decide the Case No.8565 of 2025, Computerized Case
No.T202501010608565 (Chandrapal vs. Baijnath and others) under
Section 116, Uttar Pradesh Revenue Code, 2006 within stipulated period.
3. From perusal of the record in transpires that immediately after filing of
the aforesaid case, the petitioner appeared before this Court to decide the
same, expeditiously.
4. Nothing has been stated in the entire petition that there is any
extraordinary situation nor any arguments has been made in this regard by
the learned counsel for the petitioner to direct the court below to decide
the aforesaid case in a time bound manner.
5. In this view of the matter, present petition is dismissed.
6. However, court concerned is expected to decide the aforesaid case
strictly in accordance with law without granting any unnecessary
adjournment to either of the parties unless there is no legal impediment.
(Prakash Padia,J.)
March 18, 2026
Swati
Digitally signed by :-
SWATI PATHAK
High Court of Judicature at Allahabad
Checking your session…