Allahabad High Court
VIRENDRA SINGHversusSTATE OF U.P. AND 3 OTHERS
- Decided
- Bench
- MANISH KUMAR NIGAM
Holding
The petition is disposed of with a direction to the respondent authority to decide the pending representations within twelve weeks, without expressing any opinion on the merits of the transfer order.
Summary
The petitioner, Virendra Singh, filed a writ petition seeking a certiorari to quash an administrative transfer order dated 31 May 2026 and a mandamus directing the respondent authority to decide pending representations filed on 5 June, 27 August, 31 August, and 8 September 2026. The petitioner argued that the transfer order was unlawful and that the representations remained unaddressed. The respondent, the State of Uttar Pradesh and others, contended that the petition should not be kept pending and that the authority should be directed to decide the representations within a reasonable time. The Court, after hearing both sides, declined to opine on the merits of the transfer order but ordered the respondent authority to consider and decide the pending representations expeditiously, preferably within twelve weeks of the certified copy of the order. No specific statutory provisions or precedents were cited. The petition was therefore disposed of with the direction to act on the representations.
Issues considered
- What is the appropriate remedy for a petitioner seeking to quash an administrative transfer order under a writ of certiorari?
- Whether a writ of mandamus can be issued to compel the respondent authority to decide pending representations of the petitioner.
Subjects
- administrative transfer
- writ of certiorari
- mandamus
- pending representations
- high court
- expeditious disposal
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
WRIT - A No. - 15035 of 2026
Virendra Singh
.....Petitioner(s)
Versus
State Of U.P. And 3 Others
.....Respondent(s)
Counsel for Petitioner(s) : Raj Kumar Srivastava, Shiv Poojan
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 certiorari for
quashing the administrative transfer order dated 31.05.2026
passed by the respondent No.2 (Annexure No.1) to this writ
petition.
b. Issue a writ order or direction in the nature of mandamus
commanding and directing to the respondents authority to decide
the petitioner representation dated 05.06.2026, 27.08.2026,
31.08.2026, 08.09.2026 which is pending for disposal till date."
3. Learned counsel for the petitioner submitted that the petitioner is seeking
quashing the administrative transfer order dated 31.05.2026 passed by the
respondent No.2. In this regard, the petitioner has moved a representation
dated 05.06.2026, 27.08.2026, 31.08.2026, 08.09.2026 which are 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 authority to decide the representations of the petitioner within
a time frame as fixed by this Court.
WRIA No. 15035 of 2026
2
5. Considering the facts and circumstances of the case, without expressing
any opinion on the merits of the case, the present petition stands disposed of
finally with a direction to respondent authority to consider and decide the
aforementioned representations of the petitioner, in accordance with law,
expeditiously, preferably within a period of twelve 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 18, 2026
Ved Prakash
Digitally signed by :-
VED PRAKASH SHARMA
High Court of Judicature at Allahabad
Checking your session…