Allahabad High Court
DHARMI DEVI AND ANOTHERversusSTATE OF U.P. AND 4 OTHERS
- Decided
- Bench
- PRAKASH PADIA
Holding
The Court directed the Sub‑Divisional Magistrate to decide the appeal within four months and to refrain from unnecessary adjournments.
Summary
The petitioners, Dharmi Devi and another, filed a writ petition seeking a direction to the Sub‑Divisional Magistrate of Nizamabad, Azamgarh, to decide appeal No.T202515060210774 of 2025 expeditiously. They alleged that despite a considerable lapse of time, no final decision had been rendered. The Court noted that putting the respondents on notice would serve no useful purpose and reserved the right to modify the order if aggrieved. Considering the delay, the Court ordered the magistrate to decide the appeal within four months and to avoid unnecessary adjournments unless a legal impediment exists. The petition was disposed with the relief granted.
Issues considered
- Whether the Sub‑Divisional Magistrate should be directed to decide the pending appeal expeditiously
- Whether the Court can issue a mandatory time‑frame for disposal of an administrative appeal
Subjects
- writ petition
- expeditious disposal
- administrative delay
- sub‑divisional magistrate
- appeal
- court direction
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
WRIT - C No. - 8034 of 2026
Dharmi Devi And Another
.....Petitioner(s)
Versus
State Of U.P. And 4 Others
.....Respondent(s)
Counsel for Petitioner(s) : Raj Kumar Singh
Counsel for Respondent(s) : C.S.C.
Court No. - 6
HON'BLE PRAKASH PADIA, J.
1. Heard learned counsel for the petitioners, learned Standing Counsel for
the respondent-State and perused the record.
2. In view of the order proposed to be passed herein, no useful purpose
would be served by putting the respondent/respondents to notice and keeping
this petition pending before this Court. However, in case the
respondent/respondents feels aggrieved by the order his/her right to seek
modification/variation of the order is being kept reserved.
3. The basic relief sought by the petitioners in the present petition is to direct
the respondent no.2-Sub Divisional Magistrate, Tehsil-Nizamabad, District
Azamgarh to decide the appeal No.T202515060210774 of 2025
expeditiously.
4. It is argued by counsel for the petitioners 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 court concerned to decide the aforesaid appeal strictly in
accordance with law most expeditiously and preferably within a period of
four months but without granting unnecessary adjournment unless there is no
legal impediment.
(Prakash Padia,J.)
February 26, 2026
Pramod Tripathi
Digitally signed by :-
PRAMOD TRIPATHI
High Court of Judicature at Allahabad
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