Allahabad High Court
RAJ KUMAR MAURYAversusSTATE OF U.P. AND 2 OTHERS
- Decided
- Bench
- MANISH KUMAR NIGAM
Holding
The petition is disposed of with a direction to the second respondent to decide the representation/application within twelve weeks, without expressing any opinion on the merits of the transfer request.
Summary
The petitioner, Raj Kumar Maurya, filed a writ petition seeking a mandamus directing the State to transfer him from Kushinagar district to a Varanasi zone (Jaunpur, Gazipur or Chandauli) on compassionate grounds due to his mother's medical emergency, and also to compel the second respondent to decide a representation filed on 19.01.2026. The State's standing counsel argued that the petition was unnecessary and that the representation should simply be decided within a fixed time. The Court, after hearing both sides, chose not to rule on the merits of the transfer request. Instead, it disposed of the petition by ordering the second respondent to decide the pending representation/application expeditiously, preferably within twelve weeks of the certified copy of the order, after giving a hearing. No other legal impediments were noted.
Issues considered
- Whether the court should issue a mandamus directing the transfer of the petitioner on compassionate grounds.
- Whether the court should direct the second respondent to decide the petitioner's representation/application within a specified time.
Subjects
- writ petition
- mandamus
- compassionate grounds
- transfer
- representation
- administrative law
- expeditious disposal
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
WRIT - A No. - 16067 of 2026
Raj Kumar Maurya
.....Petitioner(s)
Versus
State Of U.P. And 2 Others
.....Respondent(s)
Counsel for Petitioner(s) : Chandra Mani Pandey, Prakhar Mishra
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 writ, order, or direction in the nature of mandamus directing the
respondents to consider the case of the petitioner for transfer from
district Kushi Nagar to Varanasi Zone i.e. Jaunpur, Gazipur or
Chandauli on the basis of compassionate (Anukampa) ground of medical
emergency of the mother of the petitioner.
b. Issue writ, order, or direction in the nature of mandamus directing the
respondent no. 2 to decide the representation of the petitioner dated
19.01.2026 (Annexure No. 2 to this writ petition)."
3. Learned counsel for the petitioner submitted that the petitioner is seeking
transfer from district Kushi Nagar to Varanasi Zone i.e. Jaunpur, Gazipur or
Chandauli, on the ground of medical emergency of the mother of the
petitioner. In this regard, the petitioner has moved a
representation/application which is 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 no. 2 to decide the representation/application of the petitioner
within a time frame as fixed by this Court.
WRIA No. 16067 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 No. 2 to consider and decide the
aforementioned representation/application 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.)
October 1, 2026
Ved Prakash
Digitally signed by :-
VED PRAKASH SHARMA
High Court of Judicature at Allahabad
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