Allahabad High Court
SMT GANGOTRI DEVIversusSTATE OF UP AND 14 OTHERS
- Decided
- Bench
- PRAKASH PADIA
Holding
The court held that the Sub‑Divisional Magistrate must decide the pending appeal promptly and without unnecessary adjournments.
Summary
Smt. Gangotri Devi filed a writ petition seeking a directive to the Sub‑Divisional Magistrate, Phoolpur, to decide Appeal/Case No. 18050 of 2025 without further delay. The petitioner argued that a considerable period had elapsed without a final decision. The Court observed that putting the respondents on notice was unnecessary and that the petitioner's right to seek modification of any order was reserved. It ordered the concerned court to decide the appeal strictly in accordance with law and to refrain from granting unnecessary adjournments. The petition was disposed with the direction to expedite the pending matter.
Issues considered
- Whether the Sub‑Divisional Magistrate should be directed to decide the pending appeal expeditiously
- Whether notice to the respondents is required before granting the relief sought
Subjects
- writ petition
- delay in justice
- expeditious hearing
- adjournment
- sub divisional magistrate
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
WRIT - C No. - 8071 of 2026
Smt Gangotri Devi
.....Petitioner(s)
Versus
State Of Up And 14 Others
.....Respondent(s)
Counsel for Petitioner(s) : Gyanendra Kumar Mishra,
Ramesh Kumar Mishra
Counsel for Respondent(s) : Azad Rai, C.S.C.
Court No. - 6
HON'BLE PRAKASH PADIA, J.
1. Heard learned counsel for the petitioner, learned
Standing Counsel for the respondent-State, Sri Azad Rai,
learned counsel for the respondent no.3 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 petitioner in the present
petition is to direct the respondent no.2-Sub Divisional
Magistrate, Phoolpur, District Prayagraj to decide
Appeal/Case No.18050 of 2025, Computerized Case
No.T202502030218050 expeditiously.
4. It is argued by counsel for the petitioner 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
WRIC No. 8071 of 2026
2
petition is disposed of directing the court concerned to
decide the aforesaid case strictly in accordance with law
and without granting unnecessary adjournment unless
there is no legal impediment.
March 19, 2026
Pramod Tripathi
(Prakash Padia,J.)
Digitally signed by :-
PRAMOD TRIPATHI
High Court of Judicature at Allahabad
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