Allahabad High Court
MUNNA LALversusSTATE OF U.P. AND 2 OTHERS
- Decided
- Bench
- DINESH PATHAK
Holding
The Court disposed of the writ petition without adjudicating its merits, directing the petitioner to approach the appropriate executive authority.
Summary
Munna Lal filed a writ petition seeking a mandamus directing the Executive Officer of Nagar Panchayat Kurawali to pay Rs.4,08,391 as retrial benefits with interest and to consider his representations dated 15‑12‑2025 and 26‑02‑2026. The respondents argued that the grievance should be redressed by the executive officer and offered no objection to a direction for expeditious disposal of a fresh representation. The High Court held that the petition did not merit a substantive hearing and could be disposed of without addressing the merits. The Court directed the petitioner to file a fresh representation before the executive officer within three weeks, attaching a copy of the order, and directed the officer to decide it within two months. Accordingly, the writ petition was disposed of.
Issues considered
- Whether a writ of mandamus can be issued for payment of retrial benefits when the grievance falls within the jurisdiction of an executive officer.
- Whether the High Court should direct the executive officer to consider the petitioner’s representations.
Subjects
- writ of mandamus
- retrieval benefits
- administrative remedy
- jurisdiction
- High Court disposal
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
WRIT - A No. - 7282 of 2026
Munna Lal
.....Petitioner(s)
Versus
State Of U.P. And 2 Others
.....Respondent(s)
Counsel for Petitioner(s) : Narendra Kumar
Counsel for Respondent(s) : C.S.C., Mohd. Ishraque Farooqui
Court No. - 33
HON'BLE DINESH PATHAK, J.
1. Heard learned counsel for the petitioner, learned Standing Counsel
representing State-respondents and perused the record on board.
2. This writ petition has been filed, inter alia, seeking the following
reliefs:
"a. Issue a writ, order or direction in the nature of writ of mandamus commanding the
Respondent No.-3 to pay the outstanding/ rest of amount of Rs.-4,08,391.00 retrial
benefits as earliest within stipulated period as fixed by this Hon'ble Court with 8%
interest per annum,
b. Issue a writ, order or direction in the nature of writ of mandamus commanding the
Respondent No.-3 to consider and decide the representation dated 15.12.2025 and
26.02.2026 moved by the petitioner before him expeditiously within stipulated period
as fixed by this Hon'ble Court."
3. Learned counsel for the respondents has contended that the grievance
of the present petitioner can be more appropriately redressed by the
Executive Officer, Nagar Panchayat Kurawali (respondent No. 3), and he
has no objection, in case, a direction is issued for expeditious disposal of
a fresh representation to be moved by the petitioners within such
stipulated period as may be directed by this Court.
4. In this conspectus, as above, no useful purpose would be served by
keeping this matter pending. Therefore, this Court deems it appropriate to
finally dispose of the present writ petition, without making any
WRIA No. 7282 of 2026
2
observation on the merits of the case, with liberty to the petitioners to
move a fresh representation before the Executive Officer, Nagar
Panchayat Kurawali (respondent No. 3), to ventilate his grievance, as
averred in the present writ petition, within a period of three weeks from
today, along with a certified copy of this order and a self attested copy of
the present writ petition, and, in turn, he shall consider and decide the
same in accordance with law expeditiously, preferably, within a period of
two months from the date of production of such representation.
5. With the aforesaid observation, present writ petition is disposed of.
May 14, 2026
vinay
(Dinesh Pathak,J.)
Digitally signed by :-
VINAY KUMAR
High Court of Judicature at Allahabad
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