Pankaj Dubey vs State of U.P. and 5 Others — Allahabad HC (2025) — LawSathi Research

Pankaj Dubey vs State of U.P. and 5 Others — Allahabad HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Direction to respondent no.2 - Sub Divisional Magistrate, Madiyahoon, District Jaunpur, to decide the petitioner's application filed on 26.09.2024 under section 24 of U.P. Revenue Code 2006, in accordance with law, after hearing all affected parties, preferably within three months from production of certified copy of the order; writ petition disposed of at admission stage without counter affidavit.

Issue for consideration

Whether respondent no.2, Sub Divisional Magistrate, Madiyahoon, should be directed to ensure demarcation of Plot No. 535 (Area 0.117 Hect.), Village Rasulahan, Pergana and Tehsil Madiyahoon, District Jaunpur, within a specific time. +1 more

Ratio / Principle

The writ petition was disposed of at the admission stage, without issuing notice to the private respondents or calling for counter affidavit, with a direction upon respondent no.2 - Sub Divisional Magistrate, Madiyahoon, District Jaunpur, to decide the application filed on 26.09.2024 under section 24 of U.P. Revenue Code 2006 in accordance with law, after hearing all affected parties, preferably within a period of three months from the date of production of a certified copy of the order.

Key takeaways

The Court expressly clarified that it had not adjudicated the case on merit; the direction was administrative/expeditious-disposal only.ratio¶11

Detailed headnote1 paragraphs

Allahabad High Court (Court No. 34), single-judge order of Hon'ble Rohit Ranjan Agarwal, J., dated 7.7.2025 (Neutral Citation No. 2025:AHC:106557) in WRIT - C No. 7404 of 2025 (Pankaj Dubey v. State of U.P. and 5 others). Petitioner sought mandamus (i) for demarcation of Plot No. 535, Area 0.117 Hect., Village Rasulahan, Pergana and Tehsil Madiyahoon, District Jaunpur, and (ii) for appropriate order on his application dated 26.09.2024 filed under section 24 of U.P. Revenue Code 2006, pending before respondent no.2, Sub Divisional Magistrate, Madiyahoon. Court disposed of the petition at the admission stage, without notice to private respondents or counter affidavit, directing respondent no.2 to decide the said application in accordance with law after hearing all affected parties, preferably within three months from production of certified copy of the order; expressly stating that the case was not adjudicated on merit.

Neutral Citation No. - 2025:AHC:106557

Court No. - 34

Case :- WRIT - C No. - 7404 of 2025 Petitioner :- Pankaj Dubey Respondent :- State Of U.P. And 5 Others Counsel for Petitioner :- Akshay Raghuvanshi,Pulkit Srivastava,Shivendra Singh Counsel for Respondent :- Bhupendra Kumar Tripathi,C.S.C.

Hon'ble Rohit Ranjan Agarwal,J.

This writ petition has been filed with the following prayers:

"(1) Issue writ order or direction in the nature of mandamus directing the Respondent No. 2 directing to ensure the demarcation of the Plot No. 535 Area 0.117 Hect. Situated in Village Rasulahan, Pergana and TehsilMadiyahoon, District Jaunpur within specific time.

(ii) Issue writ order or direction in the nature of mandamus directing the Respondent No. 2 to pass appropriate order on the application dated 26.09.2024 of the petitioner."

It is contended that an application filed under section 24 of U.P. Revenue Code 2006 on 26.09.2024 is pending consideration before respondent no.2- Sub Divisional Magistrate, Madiyahoon, District- Jaunpur. The prayer made in the writ petition is for expeditious disposal of the said application.

As no useful purpose would be served in keeping the matter pending or issuing notice to the private respondents, the writ petition is being disposed of, at the admission stage, without calling for counter affidavit, with a direction upon respondent no.2- Sub Divisional Magistrate, Madiyahoon, District- Jaunpur to decide the application filed on 26.09.2024 under section 24 of U.P. Revenue Code 2006, in accordance with law, after hearing all affected parties, preferably within a period of three months from the date of production of certified copy of this order.

With the aforesaid direction, present writ petition stands disposed of .

It is made clear that this Court has not adjudicated the case on merit.

Order Date :- 7.7.2025 SK Goswami

Digitally signed by :- SHIVAKANT GOSWAMI High Court of Judicature at Allahabad