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Allahabad High Court

ANAND PRAKASHversusSTATE OF U.P. AND 2 OTHERS

Decided

Holding

The Court disposed the writ petition, directing the respondent to decide the petitioner’s pending representations within twelve weeks, as the matter was already before the respondent.

Summary

Anand Prakash filed a writ petition seeking a mandamus directing the State of U.P. and another respondent to regularize staff quarter No. 4/5, Shashtri Nagar, in his favour, invoking several government orders and prior decisions, and also to order the respondents to decide his representations dated 26‑08‑2015, 10‑05‑2020 and 15‑07‑2025. The learned Standing Counsel argued that the petitioner had already approached the respondent and that the writ would not serve any useful purpose. The Court agreed that the petition need not be kept pending, but issued a direction to the respondent to consider and decide the pending representations within twelve weeks of the certified copy of the order, after giving notice and hearing. The petition was therefore disposed with a specific compliance direction. The decision rests on procedural propriety rather than substantive adjudication of the quarter regularization claim.

Issues considered

  • Whether the High Court should entertain a writ petition seeking mandamus for regularization of a staff quarter in favour of the petitioner.
  • Whether the Court can direct the respondent to decide pending representations filed by the petitioner.

Subjects

  • mandamus
  • staff quarters
  • public service
  • writ petition
  • administrative law
  • representation

Judgment

                                                   HIGH COURT OF JUDICATURE AT ALLAHABAD

                                                                    WRIT - A No. - 15517 of 2026

                                    Anand Prakash
                                                                                                                        .....Petitioner(s)
                                                                                   Versus
                                    State Of U.P. And 2 Others
                                                                                                                      .....Respondent(s)

                                    Counsel for Petitioner(s)                           :    Ashwarya Singh, Kamla Singh
                                    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 directing/commanding the
                                          respondent no. 2 sell/regularized the quarter no. 4/5 Shashtri Nagar in the favour of
                                          petitioner after declaring the dying cadre, in pursuance of the circular/government order
                                          dated 21.01.1988, 20.9.1994, 2.2.1995 as well as their own orders dated 23.05.2013 and
                                          20.06.2013, by which the respondent no.2 has regularize the staff quarter in the favour of
                                          200 other employees residing in their quarters.


                                          Issue a writ order or direction in the nature of mandamus commanding/directing the
                                          respondents to decide the representation of the petitioner dated 26.8.2015, 10.5.2020,
                                          15.7.2025."


                                    2. Learned Standing Counsel has submitted that since the petitioner has already
                                    approached respondent no.2, 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.2 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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