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Allahabad High Court

KRISHNA KUMAR SAHANIversusSTATE OF U.P. AND 5 OTHERS

Decided

Holding

The petition was dismissed because it did not disclose the order passed after the notices, rendering the relief sought untenable.

Summary

The petitioner filed a writ petition seeking a direction to the Additional District Magistrate (Judicial) to decide Appeal No.1134 of 2025 expeditiously under Section 59 of the U.P. Revenue Code Rules, 2016. The court noted that while notices were issued to the opposite party on 17-04-2025, the petition failed to disclose any order that resulted from those notices. Because the required factual basis was missing, the court held that the relief sought could not be granted. Consequently, the petition was dismissed. The court, however, directed the lower court to decide the appeal strictly according to law without unnecessary adjournments, unless a legal impediment exists.

Issues considered

  • Whether the High Court can order the Additional District Magistrate to decide the appeal expeditiously under Section 59 of the U.P. Revenue Code Rules, 2016 despite the petition’s lack of information on the post‑notice order.

Legislation cited

Subjects

  • writ petition
  • expeditious disposal
  • Section 59
  • U.P. Revenue Code Rules
  • High Court
  • adjournment
  • appeal

Judgment

                                             HIGH COURT OF JUDICATURE AT ALLAHABAD
                                                            WRIT - C No. - 7912 of 2026

                                    Krishna Kumar Sahani
                                                                                               .....Petitioner(s)
                                                                      Versus

                                    State Of U.P. And 5 Others
                                                                                             .....Respondent(s)

                                    Counsel for Petitioner(s)      : Ajay Kumar Gautam, Ashutosh Kumar
                                                                     Gautam
                                    Counsel for Respondent(s)      : C.S.C., Sudhir Bharti

                                    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 inter-alia with the
                                    prayer to direct the Respondent No.3, Additional District Magistrate
                                    (Judicial) to decide the Appeal No.1134 of 2025 (Computerized Case
                                    No.D202505470001134), Krishana Kumar Sahani vs. Ramdulare and
                                    Another, under Section 59, (233) (2) (14) U.P. Revenue Code Rules, 2016
                                    expeditiously.

                                    3. From perusal of record it transpires that on 17.04.2025, notices were
                                    issued to the opposite party but nothing has been stated in the entire writ
                                    petition that what order has been passed after the notices issued to the
                                    opposite party.

                                    4. In this view of the matter, relief sought in the present writ petition
                                    could not be granted.

                                    5. Accordingly, the 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


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