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Allahabad High Court

DHARMI DEVI AND ANOTHERversusSTATE OF U.P. AND 4 OTHERS

Decided

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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