Allahabad High Court
MAHESH KUMARversusSTATE OF U.P. AND ANOTHER
- Decided
- Bench
- MANISH KUMAR NIGAM
Holding
The Court directed the respondent authority to decide the petitioner’s transfer representation within eight weeks, thereby disposing of the petition.
Summary
The petitioner, Mahesh Kumar, filed a writ petition seeking a mandamus directing the State to transfer him from Pilibhit district to Lakhimpur Kheri district in accordance with the applicable Transfer Policy and to decide his pending representation dated 06.05.2026 within a stipulated period. The respondent State argued that the petition was unnecessary and that the appropriate relief would be to direct the concerned authority to decide the representation within a time frame. The Court, without expressing any view on the merits of the transfer request, ordered that the respondent (the authority handling transfers) must consider and decide the petitioner’s representation expeditiously, preferably within eight weeks of the certified copy of the order, after giving an opportunity of hearing. No substantive examination of the transfer eligibility or policy was undertaken. The petition was therefore disposed of with the specific direction to the respondent. The order was pronounced by Justice Manish Kumar Nigam on 8 September 2026.
Issues considered
- Whether a writ of mandamus can be issued directing the administrative authority to decide a pending transfer representation within a specified time.
Subjects
- Transfer Policy
- Mandamus
- Writ Petition
- Administrative Law
- Service Matters
- Allahabad High Court
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
WRIT - A No. - 13957 of 2026
Mahesh Kumar
.....Petitioner(s)
Versus
State of U.P. and Another
.....Respondent(s)
Counsel for Petitioner(s) : Ashish Srivastava
Counsel for Respondent(s) : C.S.C.
Court No. - 33
HON'BLE MANISH KUMAR NIGAM, J.
1. Heard learned counsel for the petitioner, learned Standing Counsel for the
State and perused the record.
2. The instant writ petition has been filed for the following relief:
"a) Issue a writ, order or direction in the nature of Mandamus
commanding the respondents to transfer the petitioner from District
Pilibhit to District Lakhimpur Kheri in accordance with the applicable
Transfer Policy and eligibility criteria;
b) Issue a writ, order or direction in the nature of Mandamus
commanding the respondents to consider and decide the petitioner's
representation dated 06.05.2026 and transfer application submitted
through the online portal in accordance with the Transfer Policy, 2026
within a stipulated period."
3. Learned counsel for the petitioner submitted that the petitioner is seeking
transfer from district Pilibhit to district Lakhimpur Kheri for which he has
already moved a representation which is pending consideration.
4. Learned Standing Counsel has submitted that no useful purpose would be
served in keeping this petition pending and it would be appropriate to direct
the respondent no.2 to decide the representation of the petitioner within a
time frame as fixed by this Court.
5. Considering the facts and circumstances of the case, without expressing
WRIA No. 13957 of 2026
2
any opinion on the merits of the case, the present petition stands disposed of
finally with a direction to respondent No. 2 to consider and decide the
aforementioned representation of the petitioner, in accordance with law,
expeditiously, preferably within a period of eight weeks from the date of
production of a certified copy of this order after giving opportunity of
hearing to the parties concerned provided that there is no other legal
impediment.
(Manish Kumar Nigam,J.)
September 8, 2026
Ved Prakash
Digitally signed by :-
VED PRAKASH SHARMA
High Court of Judicature at Allahabad
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