Allahabad High Court
SMT. DHANPATIYAversusSTATE OF UTTAR PRADESH AND 4 OTHERS
- Decided
- Bench
- PRAKASH PADIA
Holding
The Sub Divisional Magistrate must decide the pending case strictly in accordance with law and may not grant unnecessary adjournments.
Summary
The petitioner, Smt. Dhanpatiya, filed a writ petition seeking a directive to the Sub Divisional Magistrate (SDM) of Tehsil Sadar, Gorakhpur, to decide the pending case RST/4070 of 2025 within the stipulated period. The petitioner alleged undue delay and unnecessary adjournments in the disposal of that case. The court, after hearing counsel, noted that the petition solely sought a procedural direction and did not require examination of the merits of the underlying dispute. Without expressing any opinion on the merits, the court ordered the SDM to decide the case strictly in accordance with law and to refrain from granting any unnecessary adjournments unless a legal impediment exists. The writ petition was consequently disposed of with the said direction.
Issues considered
- Whether the Sub Divisional Magistrate should be directed to decide the pending case RST/4070 of 2025 within the stipulated period without unnecessary adjournments.
Subjects
- writ petition
- delay in adjudication
- adjournment
- sub divisional magistrate
- procedural direction
- court order
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
WRIT - C No. - 8021 of 2026
Smt. Dhanpatiya
.....Petitioner(s)
Versus
State Of Uttar Pradesh And 4 Others
.....Respondent(s)
Counsel for Petitioner(s) : Mahesh Kumar Sahani, Narendra Singh
Counsel for Respondent(s) : C.S.C., Sudhir Bharti
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 Sadar,
District Gorakhpur to consider and decide the Case No.RST/4070 of 2025,
(Computerized Case No.T202505310304070), (Smt. Dhanpatiya vs. Nandlal
and others), 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 Sadar, District Gorakhpur, to decide the
aforesaid case 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
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