Allahabad High Court
DILSHAD QURASHI @ MALLUversusSTATE OF U.P. AND 3 OTHERS
- Decided
Holding
The court declined to quash the notice or grant mandamus, directing instead the District Magistrate to decide on the notice within two months.
Summary
The petitioner, Dilshad Qurashi @ Mallu, filed a criminal miscellaneous writ petition seeking a writ of certiorari to quash a notice dated 20‑07‑2026 issued by the District Magistrate, Mau under Section 3(1) of the U.P. Gunda Act, and a writ of mandamus to restrain any coercive action. The petitioner claimed to have already filed a reply to the notice. The High Court examined the relief sought and, instead of granting the writs, directed the District Magistrate to pass an appropriate order on the notice within two months of receiving the court’s order. The order was to be communicated to the magistrate for compliance. No substantive discussion on the merits of quashing the notice was made, and the petition was disposed without granting the reliefs sought.
Issues considered
- Whether the notice issued under Section 3(1) of the U.P. Gunda Act can be quashed by a writ of certiorari.
- Whether the court can issue a writ of mandamus restraining the District Magistrate from taking coercive measures in respect of the notice.
Legislation cited
- U.P. Gunda Act — s. 3(1)
Subjects
- writ petition
- certiorari
- mandamus
- U.P. Gunda Act
- district magistrate
- notice
- criminal procedure
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. WRIT PETITION No. - 21584 of 2026
Dilshad Qurashi @ Mallu
.....Petitioner(s)
Versus
State Of U.P. And 3 Others
.....Respondent(s)
Counsel for Petitioner(s) : Mohd Khalid Ansari, Qaisar Kamal
Ansari
Counsel for Respondent(s) : G.A.
Court No. - 45
HON'BLE SALIL KUMAR RAI, J.
HON'BLE PADAM NARAIN MISHRA, J.
1. Heard learned counsel for the petitioner and learned Additional
Government Advocate for the respondents.
2. The present petition has been filed praying for the following relief:-
"(i) Issue a writ, order or direction in the nature of certiorari to
quash the impugned Notice dated 20.07.2026 issued by District
Magistrate, Mau, under Section 3(1) of U.P. Gunda Act, in
Case No.D2020615510001944 (State vs. Dilshad Kuraishi @
Mallu).
(ii) Issue a writ, order or direction in the nature of mandamus
directing the respondent concern not to take any coercive
measure against the petitioner in pursuance of the Notice dated
20.07.2026 issued by District Magistrate, Mau, under Section
3(1) of U.P. Gunda Act, in Case No.D2020615510001944
(State vs. Dilshad Kuraishi @ Mallu).
..."
3. It has been stated in the petition that the petitioner has already
submitted his reply to the notice dated 20.07.2026 issued by the District
Magistrate, Mau.
4. In the circumstances, we dispose of the writ petition with a direction to
CRLP No. 21584 of 2026
2
the District Magistrate, Mau to pass appropriate order on the notice issued
in Case No.D2020615510001944 (State vs. Dilshad Kuraishi @ Mallu)
within a period of two months from the date of receipt of a copy of this
order.
5. Let a copy of this order be communicated to the District Magistrate,
Mau for compliance by the Registrar (Compliance) of this Court today
itself.
(Padam Narain Mishra,J.) (Salil Kumar Rai,J.)
September 23, 2026
Rakesh
Digitally signed by :-
RAKESH MEHTA
High Court of Judicature at Allahabad
Checking your session…