Komal vs State of U.P. Thru. Prin. Secy. Deptt… — Writ and Judicial Review | Allahabad HC (2026)

Komal vs State of U.P. Thru. Prin. Secy. Deptt… — Writ and Judicial Review | Allahabad HC (2026)

What the court decided

AI extract

Outcome

Direction to respondent No. 4 - Tehsildar, Tehsil Akbarpur, District Ambedkar Nagar to decide Case No. 2109 of 2025 (Computerized Case No. T-202504040102109) under S. 34 of the U.P. Revenue Code, 2006 within five months of production of a certified copy of the order, subject to no legal impediment and the petitioner's cooperation; petitioner to serve a copy of the order on the President and Secretary of the local bar association for their compliance.

Issue for consideration

Whether a direction should be issued to respondent No. 4 - Tehsildar, Tehsil Akbarpur, District Ambedkar Nagar to decide Case No. 2109 of 2025 (Computerized Case No. T-202504040102109) under S. 34 of the U.P. Revenue Code, 2006 expeditiously. +1 more

Court's answer

The writ petition is disposed of with a direction to respondent No. 4 - Tehsildar, Tehsil Akbarpur, District Ambedkar Nagar to consider and decide Case No. 2109 of 2025 (Computerized Case No. T-202504040102109) under S. 34 of the U.P. Revenue Code, 2006 expeditiously, within a period of five months from the date a certified copy of the order is produced before him, in case there is no legal impediment and subject to cooperation of the petitioner.

Ratio / Principle

Learned counsel for the petitioner undertakes that the petitioner shall appear on all dates fixed before the concerned authority irrespective of the call for boycott, and the Court grants the petitioner liberty to file an application for criminal contempt in case any person creates impediment in his appearance.

Key takeaways

The frequent calls for boycott by the local bar association are deprecated by this Court; such action may amount to criminal contempt being a direct conflict with the judgment of the Hon'ble Supreme Court in Ex-Capt. Harish Uppal (supra), and the petitioner is left at liberty to invoke that jurisdiction in case they are so legally advised.obiter¶13

Detailed headnote1 paragraphs

Allahabad High Court (Lucknow Bench), Alok Mathur, J. - Writ petition under Article 227 disposed of with a direction to respondent No. 4 - Tehsildar, Tehsil Akbarpur, District Ambedkar Nagar to consider and decide Case No. 2109 of 2025 (Computerized Case No. T-202504040102109) under S. 34 of the U.P. Revenue Code, 2006 expeditiously, within five months from production of a certified copy of the order, subject to no legal impediment and the petitioner's cooperation. The Court deprecated frequent boycott calls by the local bar association, under which even mutation applications were not being decided, observing that such action may amount to criminal contempt as a direct conflict with Ex-Capt. Harish Uppal v. Union of India, 2003 (2) SCC 45, and left the petitioner at liberty to invoke the contempt jurisdiction if legally advised. Counsel for the petitioner undertook that the petitioner would appear on all fixed dates irrespective of any boycott call, with liberty granted to move a criminal contempt application against any person creating impediment to appearance; a copy of the order was directed to be served on the President and Secretary of the local bar association.

HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW

MATTERS UNDER ARTICLE 227 No. - 1235 of 2026

Komal

.....Petitioner(s)

Versus

State Of U.P. Thru. Prin. Secy. Deptt. Of Revenue, Lko. And 4 Others

o. n ers		.	....Respondent(s)
Counsel for Petitioner(s)	: Km. Deepa, Prakash	Manjari	Singh, Vikrant
Counsel for Respondent(s)	: C.S.C.
Court No.- 5

HON'BLE ALOK MATHUR, J.

Heard learned counsel for the petitioner as well as learned Standing Counsel for the State respondents.

In view of the order proposed to be passed, requirement of issuance of notice to private respondent is hereby dispensed with.

Instant petition has been filed by the petitioner praying for direction to the respondent No. 4 -Tehsildar, Tehsil Akbarpur, District Ambedkar Nagar to decide Case No. 2109 of 2025 (Computerized Case No. T- 202504040102109), U/S 34 of the U.P. Revenue Code, 2006 expeditiously.

It has been submitted by learned counsel for petitioner that the case is pending since 2025 and the order-sheet annexed by the petitioner indicates that no proceedings could take place due to call for boycott of the local bar association . The facts which are evident from the ordersheet indicates that there is frequent call by the local bar association which in fact is deprecated by this Court considering the judgment of Hon'ble Supreme Court in the case of Ex-Capt. Harish Uppal Vs. Union of India and another reported in 2003 (2) SCC 45 and it is noticed that even the application for mutation are not being considered and decided because of the call for boycott.

Such an action of the local bar association may amount to criminal contempt being a direct conflict with the judgment of Hon'ble Supreme Court in the case of Ex-Capt. Harish Uppal (supra) and this Court leave it open for the petitioner to invoke the said jurisdiction in case they are so legally advised.

The present writ petition is disposed of with a direction to respondent No. 4 -Tehsildar, Tehsil Akbarpur, District Ambedkar Nagar to consider and decide Case No. 2109 of 2025 (Computerized Case No. T- 202504040102109), U/S 34 of the U.P. Revenue Code, 2006, expeditiously, say, within a period of five months from the date a certified

A227 No. 1235 of 2026

2

copy of this order is produced before him in case there is no legal impediment and subject to cooperation of the petitioner.

Learned counsel for petitioner undertakes that petitioner shall appear on all the dates fixed before concerned authority irrespective of the call for boycott and in case any person creates impediment in appearance this Court grants him liberty to file an application for criminal contempt.

With the aforesaid directions, the writ petition stands disposed of .

The petitioner shall serve a copy of this order to the President and Secretary of local bar association for their compliance.

(Alok Mathur,J.)

March 19, 2026

A. Verma

Digitally signed by :- ANURAG VERMA High Court of Judicature at Allahabad, Lucknow Bench