Allahabad High Court
ANJANI KUMAR SRIVASTAVAversusSTATE OF UP AND 5 OTHERS
- Decided
- Bench
- MANISH KUMAR NIGAM
Holding
The Court disposed of the writ petition, directing the respondent Chief Engineer to consider and decide the petitioner’s representation within twelve weeks.
Summary
The petitioner, Anjani Kumar Srivastava, filed a writ petition seeking mandamus directing the respondents to remove an alleged miscellaneous advance of Rs.13,60,140, issue a No Dues Certificate, and direct the Chief Engineer, Tubewell, Varanasi to decide a representation filed on 28‑12‑2025. The petitioner argued that the advance and the withholding of retiral benefits were unjustified in view of departmental inquiry reports and similar cases. The standing counsel for the respondents submitted that the petitioner had already approached the Chief Engineer, rendering the writ petition unnecessary. The Court examined the maintainability of the petition and concluded that proceeding with the writ would not serve any useful purpose. Consequently, the Court disposed of the petition, directing the Chief Engineer to consider and decide the representation within twelve weeks, subject to service of notice and hearing.
Issues considered
- Whether the writ petition seeking mandamus for removal of the alleged miscellaneous advance and issuance of a No Dues Certificate is maintainable.
- Whether the petition should be dismissed on the ground that the petitioner has already approached the concerned administrative authority.
Subjects
- Writ Petition
- Mandamus
- Miscellaneous Advance
- No Dues Certificate
- Administrative Law
- High Court
- Petition Disposed
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
WRIT - A No. - 15515 of 2026
Anjani Kumar Srivastava
.....Petitioner(s)
Versus
State Of Up And 5 Others
.....Respondent(s)
Counsel for Petitioner(s) : Girish Kumar Srivastava
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 Mandamus commanding the respondents
to pass appropriate order, forthwith, for removal of the alleged Miscellaneous Advance of
₹13,60,140/-standing against the petitioner, in the light of the departmental
inquiry reports, orders, recommendations and the cases of similarly situated
officers and release all consequential retiral benefits of the petitioner which have
been withheld on account of the aforesaid disputed Miscellaneous Advance,
together with admissible interest for the period of unjustified withholding;
issue a writ, order or direction in the nature of Mandamus pommanding the respondents to
issue No Dues Certificate in favour of the petitioner after removal of alleged
Miscellaneous Advance of 13,60,140/-;
issue a writ, order or direction in the nature of Mandamus directing the respondent No. 3
Chief Engineer, Tubewell, Varanasi to consider and decide the petitioner's representation
dated 28.12.2025 (Annexure-10) within time as stipulated by this Hon'ble Court;"
2. Learned Standing Counsel has submitted that since the petitioner has already
approached respondent no.3, no useful purpose would be served in keeping this writ
petition pending.
3. In view of the above, this writ petition stands disposed of with a direction to
respondent no.3 to consider and decide the above-mentioned representation filed by
the petitioner, in accordance with law, expeditiously, preferably within twelve weeks
from the date of production of a certified copy of this order, after ensuring service of
notice upon all the respondents and providing opportunity of hearing to all the
concerned parties provided there is no other legal impediment.
September 24, 2026
Rishabh
(Manish Kumar Nigam,J.)
Digitally signed by :-
RISHABH KUMAR
High Court of Judicature at Allahabad
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