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Allahabad High Court

MOHAMMAD TAFAZZAL BEGversusSTATE OF U.P. AND 2 OTHERS

Decided

Holding

The Court held that the writ petition should be disposed of as redundant, directing the administrative authority to decide the pending representation expeditiously.

Summary

The petitioner, Mohammad Tafazzal Beg, filed a writ petition seeking transfer of his posting from the Agra district to the Lucknow zone. He had already submitted a representation to the concerned authority for the same relief. The respondent, the State of Uttar Pradesh, through its standing counsel, argued that the petition was redundant since the representation was pending before the authority. The Court noted that maintaining the writ petition would not serve any useful purpose given the pending representation. Consequently, the Court disposed of the writ petition, directing the authority to consider and decide the representation expeditiously, preferably within twelve weeks, after serving notice and providing a hearing to all parties, subject to no other legal impediment.

Issues considered

  • What is the appropriate remedy when a petitioner has already approached the administrative authority for a transfer and subsequently files a writ petition seeking the same relief?

Subjects

  • transfer of service
  • writ petition
  • administrative law
  • representation
  • court disposal

Judgment

                                                  HIGH COURT OF JUDICATURE AT ALLAHABAD

                                                              WRIT - A No. - 15777 of 2026

                                    Mohammad Tafazzal Beg
                                                                                                      .....Petitioner(s)
                                                                            Versus
                                    State Of U.P. And 2 Others
                                                                                                    .....Respondent(s)

                                    Counsel for Petitioner(s)           :     Archana Singh, Bramh Narayan Singh
                                    Counsel for Respondent(s)           :     C.S.C.

                                    Court No. - 33
                                                        HON'BLE MANISH KUMAR NIGAM, J.

                                    1. By means of present writ petition, petitioner is seeking transfer from District
                                    Agra to Lucknow Zone. In this regard, petitioner has already moved a
                                    representation before respondent authority.

                                    2. Learned Standing Counsel has submitted that since the petitioner has
                                    already approached respondent authority, 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    authority   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 28, 2026
                                    Rishabh
                                                                                         (Manish Kumar Nigam,J.)




Digitally signed by :-
RISHABH KUMAR
High Court of Judicature at Allahabad


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