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Allahabad High Court

SUBHAWATI DEVIversusSTATE OF U.P. AND 2 OTHERS

Decided

Holding

The writ petition is disposed of, with the Court directing the respondent to decide the petitioner’s pending representations within twelve weeks, as no further mandamus relief can be granted.

Summary

The petitioner, Subhawati Devi, filed a writ petition seeking mandamus directing the State of U.P. and two other respondents to allot and regularise a staff quarter in Kanpur, to decide her pending representations dated 15‑1‑2015, 15‑12‑2021 and 18‑9‑2025, and to restrain dispossession from the said quarter. The standing counsel argued that the petitioner had already approached the concerned respondent, rendering the writ petition unnecessary. The Court examined the maintainability of the petition and the scope of relief that could be granted. Concluding that the petition offered no further useful purpose, the Court disposed of the writ petition. It directed the second respondent to consider and decide the petitioner’s representations expeditiously, preferably within twelve weeks of the order, after serving notice and providing a hearing, subject to no other legal impediment.

Issues considered

  • Whether the High Court can issue a mandamus directing the allotment, sale or regularisation of a staff quarter in favour of the petitioner.
  • Whether the Court can direct the respondent to decide the petitioner’s pending representations dated 15‑1‑2015, 15‑12‑2021 and 18‑9‑2025.
  • Whether the Court can restrain the respondent from dispossessing the petitioner from the staff quarter.

Subjects

  • Writ Petition
  • Mandamus
  • Staff Quarters
  • Regularisation
  • Representation
  • Disposal
  • High Court
  • Allahabad

Judgment

                                                   HIGH COURT OF JUDICATURE AT ALLAHABAD

                                                                   WRIT - A No. - 15518 of 2026

                                    Subhawati Devi
                                                                                                                      .....Petitioner(s)
                                                                                 Versus
                                    State Of U.P. And 2 Others
                                                                                                                    .....Respondent(s)

                                    Counsel for Petitioner(s)                          :    Abhishek Kandu, 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 2 directing/commanding the
                                          respondent no. allot/sell/regularized the 4/12, Welfare Centre, Staff Quarter, Shashtri
                                          Nagar, Kanpur Nagar, in the favour of petitioner, after declaring the dying cadre in
                                          pursuance of the circular/government order dated 16.9.2000 in pursuance of the
                                          government orders dated 21.01.1988, 20.9.1994, 2.2.1995 and 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 Mohd. Jaki Mohani and Yamuna Pandey and others.


                                          Issue a writ order or direction in the nature of mandamus commanding/directing the
                                          respondent no.2 to decide the representation of the petitioner dated 15.1.2015 and
                                          15.12.2021, 18.9.2025.


                                          Issue a writ order or direction in the nature of mandamus commanding the respondent
                                          no.3 not to dispossess the petitioner from the quarter no. 4/12, Welfare Centre, Staff
                                          Quarter, Shashtri Nagar Kanpur Nagar.."


                                    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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