Allahabad High Court

DILEEP KUMAR BATHAMversusSTATE OF U.P. AND 4 OTHERS

Decided: 5 May 2026
Bench: SAURABH SHYAM SHAMSHERY

Holding

The Court did not interfere with the impugned order and disposed of the writ petition without deciding its merits.

Summary

The petitioner, Dileep Kumar Batham, filed a writ petition challenging an order related to the qualification of respondent No.5 and the date of consideration for promotion. The petitioner’s counsel, Alok Dwivedi, expressed that he did not wish the Court to decide the matter on its merits after issuing notice to the respondents. Accordingly, the Court accepted this submission and disposed of the petition, noting that the petitioner could still approach the concerned respondent if he later develops a stronger case. The Court explicitly stated that it has not interfered with the impugned order. The disposition was made in the presence of the respondent’s counsel, Suyash Pandey.

Issues considered

Whether the Court should decide the merits of the petition after notice to the respondents
Qualification of respondent No.5 and determination of the date of consideration for promotion (not finally decided)

Subjects

writ petition
dismissal
procedural
promotion
qualification
court discretion

Judgment

                                             HIGH COURT OF JUDICATURE AT ALLAHABAD

                                                           WRIT - A No. - 5750 of 2026

                                    Dileep Kumar Batham
                                                                                                 .....Petitioner(s)
                                                                       Versus
                                    State Of U.P. And 4 Others
                                                                                               .....Respondent(s)

                                    Counsel for Petitioner(s)       : Alok Dwivedi, Shivam Singh
                                    Counsel for Respondent(s)       : C.S.C., Nand Lal Pandey,            Suyash
                                                                      Pandey

                                    Court No. - 32
                                               HON'BLE SAURABH SHYAM SHAMSHERY, J.

                                    1. Sri Alok Dwivedi, learned counsel for the petitioner does not want this
                                    Court to decide the matter on merit after issuing notice to the contesting
                                    respondents, therefore, accepting his submission, this writ petition is
                                    disposed of with an observation that in case, petitioner has a better case on
                                    basis of judgement referred so far as qualification of respondent no.5 and
                                    determination of date of consideration for the purpose of promotion, he can
                                    still place his case before concern respondent who will be at liberty to
                                    consider it.

                                    2.At this stage it is made clear that Court has not interfered with impugned
                                    order.

                                    3. This order is passed in presence of Sri Suyash Pandey, learned counsel for
                                    the respondent.



                                                                                (Saurabh Shyam Shamshery,J.)



                                    May 6, 2026
                                    SB




Digitally signed by :-
SANDEEP BHATTACHARYA
High Court of Judicature at Allahabad

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