Smt. Sushila Pandey vs State of U.P. and Another — Allahabad HC (2026) — LawSathi Research

Smt. Sushila Pandey vs State of U.P. and Another — Allahabad HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

Direction (mandamus) to respondent No.2, Sub Divisional Officer (Judicial), Handia Tehsil, District Prayagraj, to decide the restoration application/original case no. T201902030401823 strictly in accordance with law, preferably within three months from production of certified copy, without unnecessary adjournments unless there is no legal impediment.

Issue for consideration

Whether a writ of mandamus should be issued directing respondent No.2 to decide Restoration Application T202502030410488 for restoration of original case no. T201902030401823 expeditiously, the same having remained undecided for over five years.

Court's answer

The writ petition was disposed of with a direction to respondent No.2, the Sub Divisional Officer (Judicial), Handia Tehsil, District Prayagraj, to decide the case/suit strictly in accordance with law most expeditiously and preferably within three months from the date of production of certified copy before the trial court, without granting unnecessary adjournment unless there is no legal impediment.

Ratio / Principle

The petition was decided without putting the private respondent to notice, while expressly reserving the private respondent's right to seek modification/variation of the order if aggrieved.

Detailed headnote1 paragraphs

Writ petition (WRIT - C No. 6199 of 2026, High Court of Judicature at Allahabad, Prakash Padia, J., decided 16 March 2026) seeking mandamus for early disposal of Restoration Application T202502030410488, filed for restoration of original case no. T201902030401823, which had remained undecided for over five years: petition disposed of with a direction to respondent No.2, Sub Divisional Officer (Judicial), Handia Tehsil, District Prayagraj, to decide the case/suit strictly in accordance with law, preferably within three months from the date of production of certified copy before the trial court, without granting unnecessary adjournments unless there is no legal impediment; the private respondent was not put to notice, but the right to seek modification/variation of the order was reserved. No statute or precedent was discussed; no amount awarded.

HIGH COURT OF JUDICATURE AT ALLAHABAD

WRIT - C No. - 6199 of 2026

Smt. Sushila Pandey

.....Petitioner(s)

Versus

State of U.P. and Another

.....Respondent(s)

Counsel for Petitioner(s)	: Krishna Kant Singh
Counsel for Respondent(s)	: C.S.C.

Court No. - 6

HON'BLE PRAKASH PADIA, J.

Heard learned counsel for the petitioner, learned counsel for the respondents and perused the record.

In view of the order proposed to be passed herein, no useful purpose would be served by putting the private respondent to notice and keeping this petition pending before this Court. However, in case the private respondent feels aggrieved by the order his/her right to seek modification/variation of the order is being kept reserved.

The instant writ petition has been filed with the following relief:-

"1. Issue a writ, order or direction in the nature of mandamus, directing the respondent no.2 to disposed of the restoration Application T202502030410488 Annexure No. 5 writ petition for restoring the original case no. T201902030401823 to be decided early as possible after allowing restoration by respondent No.2 within 3 and 4 months because above than 5 years time is elapsed. "

It is argued by counsel for the petitioner that though a considerable time has already been lapsed but till date no final decision has been taken in the matter.

In the facts and circumstances of the case, the present petition is disposed of directing the respondent no. 2/ Sub Divisional Officer (Judicial) Handia Tehsil Handia, District

WRIC No. 6199 of 2026

2

Prayagraj to decide the aforesaid case/suit strictly in accordance with law most expeditiously and preferably within a period of three month from the date of production of certified copy before the trial court but without granting unnecessary adjournment unless there is no legal impediment.

March 16, 2026 Sushma

(Prakash Padia,J.)

Digitally signed by :- SUSHAMA YADAV High Court of Judicature at Allahabad