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Allahabad High Court

RAMESHWAR PANDEYversusTHE STATE OF U.P. AND 4 OTHERS

Decided

Holding

The Court disposed of the writ petition, refusing to grant mandamus and instead allowing the petitioner to approach the appropriate authority for a reasoned order.

Summary

The petitioner, Rameshwar Pandey, filed a criminal miscellaneous writ petition seeking a mandamus directing respondents No.2 and No.3 to order respondent No.4 to submit documentary evidence filed on 28‑10‑2025 and to comply with an order dated 28‑11‑2025. The petitioner also prayed to approach the appropriate authority with the writ petition copy to agitate the issue. The State, represented by AGA‑I S.K. Ojha, opposed the mandamus prayer but did not object to the petitioner’s innocuous prayer to approach the authority. The Court, after hearing counsel, declined to issue mandamus and instead disposed of the petition, granting the petitioner liberty to approach the appropriate authority within two weeks and directing that authority to pass a reasoned order within a month. The learned AGA was directed to communicate the order to the concerned authority.

Issues considered

  • Whether the High Court can issue a writ of mandamus directing respondents No.2 and No.3 to compel respondent No.4 to submit documentary evidence.
  • Whether the petitioner may be directed to approach the appropriate authority with a copy of the writ petition for further relief.

Subjects

  • writ of mandamus
  • criminal miscellaneous writ petition
  • procedural relief
  • documentary evidence
  • High Court of Allahabad
  • petition disposal

Judgment

         HIGH COURT OF JUDICATURE AT ALLAHABAD
           CRIMINAL MISC. WRIT PETITION No. - 21360 of 2026

Rameshwar Pandey
                                                                      .....Petitioner(s)
                                       Versus

The State Of U.P. And 4 Others
                                                                    .....Respondent(s)

Counsel for Petitioner(s)             : Kamla Singh, Vijay Shanker Singh
Counsel for Respondent(s)             : G.A.

Court No. - 48
                 HON'BLE CHANDRA DHARI SINGH, J.
                 HON'BLE TARUN SAXENA, J.

1. The instant writ petition has been filed with the following main reliefs:-

     "i). Issue a writ, order or direction in the nature of writ of mandamus
     commanding/directing the respondent no.2 and 3 to direct the respondent
     no.4, to submit/add the documentary evidence of the petitioner which was
     submitted by him before the respondent no.4 on 28.10.2025.

     ii). Issue a writ, order or direction in the nature of mandamus
     commanding/directing the respondent no.2 and 3 to direct the respondent
     no.4, he complied the order dated 28.11.2025 passed by the respondent
     no.2 on the application of the petitioner dated 28.11.2025."

2. Smt. Kamlaa Singh, learned counsel for the petitioner, after arguing the
matter on merits, made an innocuous prayer to approach the appropriate
authority with the copy of the writ petition as well as the documents
appended with it to agitate the issue within a period of two weeks and
further prayed that the said authority may be directed to pass appropriate
reasoned order after giving opportunity of hearing to the parties
concerned.

3. Per contra, Mr. S.K.Ojha, learned AGA-I, appearing for the State-
respondents vehemently opposed the prayer made by the learned counsel
for the petitioner but he has no objection to the innocuous prayer made by
the learned counsel for the petitioner.

4. Heard Smt. Kamlaa Singh, learned counsel for the petitioner, Mr. S.K.
                                                                                          CRLP No. 21360 of 2026
                                                                   2


                                    Ojha, learned AGA-I for the State-respondents and perused the record.

                                    5. Taking into consideration the submissions of the learned counsel for
                                    the petitioner and the innocuous prayer as well as no objection of the
                                    learned AGA, the instant writ petition is disposed of with liberty to the
                                    petitioner to approach the appropriate authority with the copy of the writ
                                    petition for whatever issue agitated before this Court within a period of
                                    two weeks from today and thereafter the concerned authority is directed
                                    to pass the appropriate reasoned order after providing opportunity of
                                    hearing to the parties concerned, expeditiously, preferably within a period
                                    of one month from the date of production of a certified copy of this order.

                                    6. Learned AGA is directed to communicate this order to the authority
                                    concerned forthwith.


                                                               (Tarun Saxena,J.) (Chandra Dhari Singh,J.)
                                    September 8, 2026
                                    Prajapati RK




Digitally signed by :-
RAMKESH PRAJAPATI
High Court of Judicature at Allahabad


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