Kalyan Swaroop (Died on 02.10.2024) and 4 Others vs State of U.P. and 5 Others — Allahabad HC (2026) — LawSathi Research

Kalyan Swaroop (Died on 02.10.2024) and 4 Others vs State of U.P. and 5 Others — Allahabad HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

Petition dismissed as not pressed on the prayer of learned counsel for the petitioner; respondent No.4/Tehsildar directed to decide Case No.937 of 2017 expeditiously, preferably within two months.

Issue for consideration

Whether the present writ petition, filed after rejection of the appeal and revision, was a misuse of the process of law and process of Court and liable to be dismissed. +1 more

Court's answer

The appeal and revision were filed by the petitioners only for the purpose of lingering the proceedings of Case No.937 of 2017, and the present petition is a misuse of the process of law and process of Court.

Ratio / Principle

Respondent No.4/Tehsildar, Tehsil Rath District Hamirpur is directed to decide Case No.937 of 2017 (Smt. Abhilesha Vs. Smt. Kailash Rani) expeditiously, preferably within a period of two months.

Key takeaways

Registrar (Compliance) is directed to communicate a copy of the order to respondent No.4/Tehsildar, Tehsil Rath District Hamirpur through Commissioner Chitrakoot Mandaldham Banda within a week.ratio¶18

Detailed headnote1 paragraphs

Allahabad High Court (Prakash Padia, J.), WRIT - C No. 3854 of 2026, decided February 17, 2026. Writ petition arising from a proceeding under Section 34 of the U.P. Revenue Code, 2006 being Case No.937 of 2017 (Computer Case No.T201707324102937) (Smt. Abhilesha Vs. Smt. Kailash Rani) before the Tehsildar, Tehsil Rath, District Hamirpur. The petitioners' appeal under Section 35(2) of the Code was rejected on 14.06.2023 and their revision under Section 210 was rejected on 05.01.2026. The Court observed that the appeal and revision appeared to have been filed only to linger the proceedings of Case No.937 of 2017 and that the petition was a misuse of the process of law and process of Court. On the prayer of learned counsel for the petitioners, the petition was dismissed as not pressed; the Tehsildar was directed to decide Case No.937 of 2017 expeditiously, preferably within two months, and Registrar (Compliance) was directed to communicate the order to the Tehsildar through the Commissioner, Chitrakoot Mandaldham, Banda within a week.

HIGH COURT OF JUDICATURE AT ALLAHABAD

WRIT - C No. - 3854 of 2026

Kalyan Swaroop (Died On 02.10.2024) And 4 Others

.....Petitioner(s) Versus

State Of U.P. And 5 Others	.....Respondent(s)
Counsel for Petitioner(s)	: Hans Pratap Singh
Counsel for Respondent(s)	: C.S.C.

Court No. - 6

HON'BLE PRAKASH PADIA, J.

The proceeding initiated under Section 34 of U.P. Revenue Code, 2006 was initiated by the respondent No.5/Abhilesha against Kailash Rani which was numbered as Case No.937 of 2017 (Computer Case No.T201707324102937) (Smt. Abhilesha Vs. Smt. Kailash Rani). In the said case, following order was passed by the respondent No.4/Tehsildar, Tehsil Rath District Hamirpur on 05.09.2022:-

पत्रावली पेश। उभय पक्ष हािजर। शेष सुनवाई प्राथर्ना पत्र पूरी हुई। दोनो पक्ष द्वारा बहस/साक्ष्य प्रस्तुत करें। पत्रावली िदनांक 23.09.22 को पेश हो।

Aggrieved with the said order, Appeal as provided under Section 35(2) of U.P. Revenue Code, 2006 was filed by the petitioner before the respondent No.3 which was rejected on 14.06.2023. Aggrieved with the aforesaid order, Revision No. under Section 210 of the U.P. Revenue Code, 2006 was preferred which was rejected by the respondent No.2 vide order dated 05.01.2026. Aggrieved with the aforesaid orders, the petitioners have preferred the present petition.

From perusal of the record, it transpires that only for purpose of lingering the proceedings of the Case No.937 of 2017 filed by the respondent No.5 under Section 34 of U.P. Revenue Code, 2006, the petitioners had filed the appeal and revision which had already dismissed and the petitioner has now filed the present petition which is misuse of process of law and process of Court.

WRIC No. 3854 of 2026

2

In this view of the matter, the Court is of the opinion that the present petition is liable to be dismissed with exemplary costs.

At this stage, a prayer has been made by learned counsel for the petitioner to dismiss the present petition as not pressed.

Accordingly, the present petition is dismissed as not pressed.

However the respondent No.4/Tehsildar, Tehsil Rath District Hamirpur is directed to decide the Case No.937 of 2017 (Computer Case No.T201707324102937) (Smt. Abhilesha Vs. Smt. Kailash Rani) expeditiously and preferably within period of two months from today.

Registrar (Compliance) is directed to communicate a copy of this order to respondent No.4/Tehsildar, Tehsil Rath District Hamirpur through Commissioner Chitrakoot Mandaldham Banda within a week.

(Prakash Padia,J.)

February 17, 2026

saqlain

Digitally signed by :- SYED MOHAMMAD SAQLAIN HAIDER High Court of Judicature at Allahabad