Allahabad High Court
REKHAversusSTATE OF U.P. AND 5 OTHERS
- Decided
- Bench
- MANISH KUMAR NIGAM
Holding
The Court ordered Respondent No.5 to consider and decide the petitioner’s representations within twelve weeks, without adjudicating the merits of the case.
Summary
The petitioner filed a writ petition seeking a mandamus directing Respondent No.5 to consider and decide two representations dated 24 November 2025 and 3 December 2025, and to award medical, death benefits, gratuity, PPF and other allowances of a deceased employee. The Standing Counsel argued that the petition was unnecessary as the petitioner had already made the representations. The Court held that it could issue a mandamus ordering the respondent to consider the representations, provided a hearing is held, and set a deadline of twelve weeks for the decision. The Court expressly noted that it was not examining the merits of the underlying claims and was acting strictly in accordance with law. Consequently, the petition was disposed after the mandamus order was issued.
Issues considered
- What is the appropriate relief when a petitioner seeks a mandamus to compel an administrative authority to consider pending representations?
- Whether the High Court can issue a mandamus without examining the merits of the underlying claim.
Subjects
- mandamus
- writ petition
- administrative law
- representation
- high court
- petition disposal
- expeditious hearing
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
WRIT - A No. - 14740 of 2026
Rekha
.....Petitioner(s)
Versus
State Of U.P. And 5 Others
.....Respondent(s)
Counsel for Petitioner(s) : Amit Malik, Devendra Singh, Pravindra
Singh
Counsel for Respondent(s) : C.S.C.
Court No. - 33
HON'BLE MANISH KUMAR NIGAM, J.
1. This writ petition has been filed for the following reliefs:-
"a) Issue a writ, order or direction in the nature of to mandamus
commanding respondent no.5 consider and decide the representation
dated 24.11.2025 by the petitioner and to pay the medical and death
benefits and gratuity, PPF and other allowances of the deceased
employee to the petitioner within a fixed period of time as may be
prescribed by this Hon'ble Court.
b) Issue a writ, order or direction in the nature of mandamus
commanding the respondent police authorities to consider and decide the
latest representation of petitioner dated 03.12.2025 with reasoned and
speaking orders strictly according with law."
2. Learned Standing Counsel has submitted that as petitioner has already
represented, no useful purpose would be served in keeping this petition
pending and it would be appropriate that respondent be directed to
consider the grievance of the petitioner in accordance with law.
3. In view of these facts, respondent No. 5 is directed to consider and
decide the representations dated 24.11.2025 and 03.12.2025 of the
petitioner in accordance with law, after providing opportunity of hearing
to all the concerned parties, expeditiously, preferably within a period of
twelve weeks from the date of production of certified copy of this order.
WRIA No. 14740 of 2026
2
4. It is made clear that this court has not examined the matter on merits
and the order shall be passed strictly in accordance with law.
5. Accordingly, the petition stands disposed of.
(Manish Kumar Nigam,J.)
September 23, 2026
Nitika Sri.
Digitally signed by :-
NITIKA SRIVASTAVA
High Court of Judicature at Allahabad
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