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Pravesh Mishra vs Naib Tehsildar, Tehsil Sadar, Ayodhya ...

Allahabad High Court6 May 2026

Ratio decidendi

The rule this decision rests on

A writ court may direct a revenue authority to decide a pending case under Section 34 of the U.P. Revenue Code 2006 within a specified time period when approached for relief, without requiring notice to or response from the respondents, provided such direction does not constitute an adjudication on the merits of the underlying dispute.

Written by Miss Lucy from the judgment below, not taken from a headnote.

Judgment

As delivered

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCHNeutral Citation No. - 2026:AHC-LKO:32499HIGH COURT OF JUDICATURE AT ALLAHABADLUCKNOWMATTERS UNDER ARTICLE 227 No. - 2453 of 2026Pravesh Mishra.....Petitioner(s)VersusNaib Tehsildar, Tehsil Sadar, Ayodhya And 3 Others.....Respondent(s)Counsel for Petitioner(s):Ajay Pratap Singh, Sudhendra Pratap SinghCounsel for Respondent(s):C.S.C.Court No. - 24HON'BLE CHANDRA DHARI SINGH, J.

1. Heard Sri Atul Raj, advocate holding brief of Sri Ajay Pratap Singh, learned counsel for the petitioner and Sri Anurag Kumar Maurya, learned State Law Officer who appears for State-respondents.

2. In view of the order, which is being proposed to be passed today, notices are not being issued to the respondent nos. 2 to 4.

3. The solitary relief claimed in the present writ petition is for a writ, order or direction commanding the opposite party no. 1 to decide the Case No. 890/2025 (Pravesh Mishra Vs. Ghanshyam Mishra) Computerized Case no. T202504230100890, under Section 34 of the U. P. Revenue Code 2006 within a stipulated period as this Hon'ble Court may prescribe in the interest of justice.

4. Prayer in the present petition is for a direction to the respondents to consider the claim.

5. Learned State Law Officer has invited attention of the Court towards page-16 so as to submit that a transfer application has been filed, which is stated to be pending.

6. In the opinion of the Court, in case transfer application has not been decided then the same needs to be decided with most expedition and also the proceedings.

7. Accordingly, the writ petition is being disposed off with a direction to the opposite party no. 1 to decide the Case No. 890/2025 (Pravesh Mishra Vs. Ghanshyam Mishra) Computerized Case no. T202504230100890, under Section 34 of the U. P. Revenue Code 2006, in accordance with law, expeditiously, within a period of four months from the date of presentation of the certified copy of the order without granting unnecessary adjournments subject to legal impediment.

8. Needless to point out that the writ petition has been decided without seeking any response from the respondents. Thus, passing of this order may not be construed to an expression that this Court has gone into the merits of the case.

9. With the aforesaid observation, the writ petition is disposed off.

(Chandra Dhari Singh,J.)

May 6, 2026

Atul

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