Mandamus issued for time-bound disposal of summary proceedings under Section 164 of Bharatiya Nagarik Suraksha Sanhita.

The Petitioner, Harsh Robinsion, filed a writ petition under Article 226 of the Constitution of India seeking the expeditious disposal of Revenue Case No. 1099/2024

The revenue case, initiated under Section 164 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, regarding a property dispute with Respondent No. 1, has been pending before the Sub-Divisional Magistrate (SDM), Raipur (Respondent No. 2) since September 19, 2024

The Petitioner alleged that despite multiple reports being called for, no effective progress had been made, causing undue hardship and prejudice to his property rights due to a status quo order

Whether the High Court should exercise its writ jurisdiction to direct a time-bound disposal of a summary revenue proceeding pending before a Sub-Divisional Magistrate.

Section 164 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS), noting that such proceedings are summary in nature and focus primarily on the question of possession

The court also implicitly relied on the constitutional principle of the right to speedy justice and the peaceful enjoyment of property

The Court observed that the Petitioner’s grievance was limited to the inaction and procedural delay by Respondent No. 2 rather than a challenge to a specific merits-based order

It noted that revenue cases under the BNSS are intended to be decided with promptitude to prevent the proceedings from becoming ineffective

Finding that the matter had remained stagnant since its filing in late 2024 despite being summary in nature, the Court determined that an inordinate delay without justifiable reason warranted judicial intervention to ensure the administrative authority acted in accordance with the law

The Court refrained from commenting on the merits to preserve the jurisdictional authority of the SDM

The Court directed the State Counsel to communicate the order to the concerned SDM immediately, emphasizing that continued pendency would be inappropriate

The Petitioner was also directed to cooperate in the early disposal of the proceedings