Allahabad High Court
TARAWATIversusSTATE OF U.P. AND 3 OTHERS
- Decided
- Bench
- MANISH KUMAR NIGAM
Holding
A writ of mandamus is not maintainable where the petitioner has not first approached the authority for redress.
Summary
The petitioner sought a writ of mandamus directing the State of Uttar Pradesh and other respondents to regularize her deceased husband's post as an Attendant/Ardali and to pay salary and benefits to his family. The respondents contended that the petitioner had not first approached the concerned authority for redress. The Court explained that a writ of mandamus under Article 226 is available only after the petitioner has approached the authority and been denied relief. Since the petitioner directly approached the Court without exhausting the administrative remedy, the petition was deemed non‑maintainable. Consequently, the petition was disposed, with liberty granted to the petitioner to first approach the authorities for relief.
Issues considered
- Whether a writ of mandamus under Article 226 is maintainable when the petitioner has not first approached the concerned authority for redress?
- Whether the High Court can entertain the petition without exhaustion of administrative remedies?
Legislation cited
- Constitution of India — s. Article 226
Subjects
- mandamus
- Article 226
- administrative remedy
- service regularization
- writ jurisdiction
- high court
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
WRIT - A No. - 14942 of 2026
Tarawati
.....Petitioner(s)
Versus
State Of U.P. And 3 Others
.....Respondent(s)
Counsel for Petitioner(s) : Ajeet Shukla, Somendra Singh
Counsel for Respondent(s) : Ashish Mishra, C.S.C.
Court No. - 33
HON'BLE MANISH KUMAR NIGAM, J.
1. Heard learned counsel for the petitioner, learned Standing Counsel for
State-respondents, Shri Fuzail Ahmad Ansari, learned counsel for
respondent nos. 2, 3 & 4 and perused the record.
2. The present petition has been filed with the following prayer:
"I. To issue a Writ, order or direction in the nature of mandamus
commanding and directing the respondent authorities to regularize the
deceased husband of the petitioner in service on the post of (Ex-Class-
IVth (Ad-hoc) Employee of Allahabad District Judgeship) on the post of
Attendant/Ardali.
II. To issue a Writ, order or direction in the nature of mandamus
commanding and directing to the respondent authorities to pay the salary
and other pecuniary benefits to the family member as a regular employee
since date of regularization of the deceased husband of the petitioner."
3. Learned counsel appearing for respondent submitted that the petitioner
has not approached the authorities for redressal of his grievance but a writ of
mandamus has been filed for directing the respondent to consider and decide
the case of the petitioner.
4. The basic principle of writ of mandamus is that once the petitioner
approaches the authority for enforcement of his right or any certain
protection and no action is taken then he can approach this Court and file a
petition under Article 226 of Constitution of India for issuance of writ of
WRIA No. 14942 of 2026
2
mandamus. In the present case, the petitioner approached this Court directly
for issuance of writ of mandamus without approaching the authorities,
therefore, this petition is not maintainable.
5. In view of the above, I am not inclined to entertain the instant petition.
6. Accordingly, the petition is disposed of with liberty to the petitioner to
approach the authorities for redressal of his grievance.
(Manish Kumar Nigam,J.)
September 24, 2026
Ved Prakash
Digitally signed by :-
VED PRAKASH SHARMA
High Court of Judicature at Allahabad
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