Poonam Mishra vs State of U.P. Thru. Addl. Chief… — Writ and Judicial Review | Allahabad HC (2026)

Poonam Mishra vs State of U.P. Thru. Addl. Chief… — Writ and Judicial Review | Allahabad HC (2026)

What the court decided

AI extract

Outcome

Direction to respondent No. 2/Sub Divisional Magistrate, Tehsil Sadar, District Sultanpur to make all endeavor to decide Appeal Case No. 3397/2025 (Computerized No. T202504680603397) under Section 35(2), U.P. Revenue Code 2006 expeditiously, say within two months from the date of production of certified copy of the order, after affording opportunity of hearing to the parties concerned in accordance with law, if there is no legal impediment.

Issue for consideration

Whether respondent No. 2/Sub Divisional Magistrate, Tehsil Sadar, District Sultanpur should be directed to consider and decide the pending appeal (Case No. 3397/2025 under Section 35(2), U.P. Revenue Code 2006) in a time bound manner.

Court's answer

Without entering into the merits, respondent No. 2/Sub Divisional Magistrate, Tehsil Sadar, District Sultanpur was directed to make all endeavor to decide the appeal bearing Case No. 3397/2025 (Computerized No. T202504680603397) under Section 35(2), U.P. Revenue Code 2006.

Ratio / Principle

In view of the order proposed to be passed, notice to the private respondents was dispensed with.

Key takeaways

The appeal was to be decided expeditiously, say within a period of two months from the date of production of certified copy of the order, after affording opportunity of hearing to the parties concerned in accordance with law, if there is no legal impediment.ratio¶19
The parties were further directed to cooperate in expeditious disposal of the case and not seek unnecessary adjournments, and counsel for the petitioner undertook to cooperate, failing which the benefit of the order would not be available to the petitioner.ratio¶20

Detailed headnote1 paragraphs

Allahabad High Court (Lucknow Bench), Alok Mathur, J. — Matters Under Article 227 No. 106 of 2026 (decided January 16, 2026): Poonam Mishra sought a direction to respondent No. 2/Sub Divisional Magistrate, Tehsil Sadar, District Sultanpur to decide Appeal Case No. 3397/2025 (Computerized No. T202504680603397) under Section 35(2), U.P. Revenue Code 2006 (Rajendra Prashad Mishr and others Vs. Poonam Mishra and others), pending since 10.03.2025, within a time fixed by the Court. Notice to private respondents was dispensed with. Without entering into the merits, the Court directed the SDM to make all endeavor to decide the appeal expeditiously, say within two months from production of the certified copy of the order, after affording opportunity of hearing in accordance with law, if there is no legal impediment; the parties were directed to cooperate and refrain from seeking unnecessary adjournments. Writ petition disposed of.

HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW

MATTERS UNDER ARTICLE 227 No. - 106 of 2026

Poonam Mishra

.....Petitioner(s)

Versus

State Of U.P. Thru. Addl. Chief Secy. Revenue Deptt., Lko. And Others

.....Respondent(s)

Counsel for Petitioner(s)	: Sachin Pandey
Counsel for Respondent(s)	: C.S.C.

Court No. - 5

HON'BLE ALOK MATHUR, J.

Heard learned counsel for the petitioners as well as learned Standing Counsel for the State respondents no. 1 and 2.

In view of the order proposed to be passed, notice to private respondents, is dispensed with.

Instant petition has been filed by the petitioner praying for direction to the respondent No. 2/ Sub Divisional Magistrate, Tehsil Sadar, District Sultanpur to decide the appeal bearing Case No. 3397/2025 (Computerized No. T202504680603397) under Section 35(2), U.P. Revenue Code 2006, (Rajendra Prashad Mishr and others Vs. Poonam Mishra and others), which is pending since 10.03.2025, within the time specified by this Hon'ble Court.

Learned counsel for the petitioner submits hat grievance of the petitioner would be sufficiently met in case respondent no. 2 considers and decides the aforesaid case in the time bound manner.

Learned Standing Counsel has no objection to the aforesaid prayer.

Considering the facts and circumstances of the case, without entering into the merits, respondent No.2/ Sub Divisional Magistrate, Tehsil Sadar, District Sultanpur is directed to make all endeavor to decide the appeal bearing Case No. 3397/2025 (Computerized No. T202504680603397) under Section 35(2), U.P. Revenue Code 2006, (Rajendra Prashad Mishr

A227 No. 106 of 2026

2

and others Vs. Poonam Mishra and others), expeditiously, say within a period of two months from the date of production of certified copy of this order, after affording opportunity of hearing to the parties concerned in accordance with law, if there is no legal impediment.

It is further directed that the parties to the case shall cooperate in expeditious disposal of the case and shall not seek any unnecessary adjournment, neither any such adjournment shall be granted by the Court concerned, except in exceptional circumstances. Counsel for the petitioner undertakes that he shall cooperate in expeditious disposal of the case, failing which the benefit of this order shall not be available to the petitioner.

With above observations/directions, the writ petition stands disposed of.

(Alok Mathur,J.)

January 16, 2026

Muk

Digitally signed by :- MOHD UMAR KHAN High Court of Judicature at Allahabad, Lucknow Bench