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Allahabad High Court

RAKESH SINGHversusSTATE OF U.P. AND 3 OTHERS

Decided

Holding

The order dated 13 July 2026 had been withdrawn, rendering the petition moot, and the writ petition was consigned to the record.

Summary

The petitioner Rakesh Singh filed a writ petition in the Allahabad High Court seeking a certiorari to quash an order dated 13 July 2026 passed by Respondent No.4, a mandamus to stay that order, and a mandamus directing Respondent No.4 to decide the petitioner's application dated 17 July 2026. Respondents No.3 and No.4 filed personal affidavits, and the Standing Counsel informed the Court that the order of 13 July 2026 had been withdrawn by a subsequent order dated 10 September 2026. The Court, noting the withdrawal, held that there was no longer any operative order to be challenged or stayed. Consequently, the Court found no further relief could be granted and consigned the writ petition to the record. The petition was therefore effectively dismissed.

Issues considered

  • Whether the order dated 13 July 2026 can be quashed by certiorari.
  • Whether a mandamus can be issued to stay the effect of the order dated 13 July 2026.
  • Whether a mandamus can be directed to compel Respondent No.4 to decide the petitioner's application dated 17 July 2026.

Subjects

  • writ petition
  • certiorari
  • mandamus
  • withdrawal of order
  • High Court
  • consignment to record

Judgment

                                                  HIGH COURT OF JUDICATURE AT ALLAHABAD

                                                              WRIT - A No. - 11448 of 2026

                                    Rakesh Singh
                                                                                                         .....Petitioner(s)
                                                                            Versus
                                    State Of U.P. And 3 Others
                                                                                                       .....Respondent(s)

                                    Counsel for Petitioner(s)           :   Amish Kumar Srivastava, Ravindra
                                                                            Balkrishna Kanhere, Sudhir Kumar Shukla
                                    Counsel for Respondent(s)           :   C.S.C.

                                    Court No. - 33
                                                         HON'BLE MANISH KUMAR NIGAM, J.

                                    1. This writ petition has been filed seeking following relief :-

                                          "issue a writ, order or direction in the nature of certiorari quashing the
                                          order dated 13.07.2026 passed by respondent no.4 (annexure no.2 to the
                                          writ petition).


                                          Issue, a writ, order or direction in the nature of mandamus to stay the
                                          effect and operation of the order dated 13.07.2026 passed by respondent
                                          no.4 (annexure no.2 to the writ petition).


                                          Issue a writ order or direction in the nature of mandamus directing
                                          respondent no.4 to decide the application of the petitioner dated
                                          17.07.2026 (annexure no.5 to this writ petition)"

                                    2. Personal affidavits filed by respondents no.3 and 4 are taken on record.

                                    3. On the basis of personal affidavits filed today, it has been submitted by
                                    learned Standing Counsel that the order dated 13.7.2026 has been withdrawn
                                    by order dated 10.9.2026.

                                    4. In view of the same, no further orders are required to be passed.

                                    5. Accordingly, the writ petition is consigned to record.

                                    September 23, 2026
                                    Rishabh
                                                                                            (Manish Kumar Nigam,J.)




Digitally signed by :-
RISHABH KUMAR
High Court of Judicature at Allahabad


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