Allahabad High Court
WRIC/16382/2026 of SHARMA MAURYA Vs STATE OF U.P. AND 11 OTHERS on 5 May 2026
JUDICATURE AT ALLAHABAD WRIT - C No. - 16382 of 2026 Court No. - 36 HON'BLE MANISH KUMAR NIGAM, J. 1. Heard learned counsel for the petitioner, learned Standing Counsel for the State-respondents and perused the record. 2. The writ petition has been filed seeking following relief :- "To
HIGH COURT OF JUDICATURE AT ALLAHABAD
WRIT - C No. - 16382 of 2026
Court No. - 36
HON'BLE MANISH KUMAR NIGAM, J.
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1. Heard learned counsel for the petitioner, learned Standing Counsel for the State-respondents and perused the record.
2. The writ petition has been filed seeking following relief :- "To issue a writ order or direction in the nature of mandamus commanding and directing to respondent no.2 i.e. Sub Divisional Magistrate, Judicial Mandal, Prayagraj, Tehsil-Handia District- Prayagraj to decide the Suit No.2468 of 2022 "Computerized Case No. T20202030402468" (Tulsi Devi and others Vs. Mohanlal and others) under section 116, Adhiniyam UP Revenue Code-2006, expeditiously within specific period as fixed by the Hon'ble High Court."
3. Contention of learned counsel for the petitioner is that the proceedings under Section 116 of U. P. Revenue Code, 2006 are pending since 2022. It has been further contended by learned counsel for the petitioner that appropriate directions be issued to respondent no. 2 to decide the same within a stipulated time or in a time frame as may be fixed by this Court.
4. Learned counsel for the petitioner brought attention of the Court to Sub Rule (10) of Rule 109 of U.P. Revenue Code Rules, 2016, "Rule 109. Preliminary and Final decrees (Section 117), is quoted as under:
(10) The Sub-Divisional Officer shall make an endeavour to Versus Counsel for Petitioner(s) : Madan Mohan Counsel for Respondent(s) : C.S.C. Sharma Maurya .....Petitioner(s) State Of U.P. And 11 Others .....Respondent(s)
decide the suit within the period of six months and if the suit is not decided within such period, the reason shall be recorded."
5. In view of the provisions as contemplated in Sub Rule (10) of Rule 109 of U.P. Revenue Code, 2016, no useful purpose would be served in keeping this petition pending.
6. The respondent no. 2 is directed to consider and decide the aforesaid pending proceeding under Section 116 of U.P. Revenue Code, 2006, before him, in accordance with law, expeditiously, after giving opportunity of hearing to the parties concerned as well as opportunity to lead evidence in support of their case and without granting unnecessary adjournments to either of the parties provided that there is no other legal impediment, keeping in view of the mandate of Sub Rule (10) of Rule 109 of U.P. Revenue Code, 2016, quoted above.
7. With these observation, this petition is disposed of. May 6, 2026 Ved Prakash WRIC No. 16382 of 2026 2 (Manish Kumar Nigam,J.) Digitally signed by :- VED PRAKASH SHARMA High Court of Judicature at Allahabad