Allahabad High Court
RAJU @ PREM NARAYAN AND ANOTHERversusSTATE OF U.P. AND ANOTHER
- Decided
- Bench
- ASHUTOSH SRIVASTAVA
Holding
The Court directed the respondent to decide the objection under Section 21(1) of the UPCH Act within three months of service of the order.
Summary
Petitioners Raju @ Prem Narayan and another filed a writ petition seeking a court direction for the State respondent to decide an objection raised under Section 21(1) of the Uttar Pradesh Child Health (UPCH) Act in case No. 1813 of 2026, which had been pending since 2026. The petitioners argued that without a time‑bound order, the matter would suffer undue delay. The State's standing counsel raised no objection to the request. The Court, after considering the circumstances, held that justice required an expeditious disposal and therefore ordered the respondent to decide the objection within three months of service of the certified copy of the order. The petition was consequently disposed.
Issues considered
- Whether the High Court can direct the State respondent to decide an objection under Section 21(1) of the UPCH Act within a specified time frame.
Legislation cited
- Uttar Pradesh Child Health Act — s. 21(1)
Subjects
- writ petition
- expeditious disposal
- Section 21(1)
- UPCH Act
- judicial direction
- administrative delay
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
WRIT - B No. - 3272 of 2026
Raju @ Prem Narayan And Another
.....Petitioner(s)
Versus
State of U.P. and Another
.....Respondent(s)
Counsel for Petitioner(s) : Sanjay Kumar Nigam
Counsel for Respondent(s) : C.S.C.
Court No. - 50
HON'BLE ASHUTOSH SRIVASTAVA, J.
Heard Shri Kumar Nigam , learned counsel for the petitioners,
learned Standing Counsel for the State-respondent.
The limited prayer made by learned counsel for the petitioners is
to issue a direction to decide the objection under Section 21 (1) of
UPCH Act in Case No. 1813 of 2026, stated to be pending
before the respondent No. 2 within a time frame fixed by this
Court.
Learned counsel for the petitioner submits that case filed by the
petitioner is pending consideration since 2026 and the purpose of
filing the present petition would stand served if appropriate
directions are issued to the respondent No. 2 to consider and
decide the aforesaid case within a time frame fixed by this Court.
Learned Standing Counsel has no objection to the aforesaid
proposition.
Considering the totality of the circumstances and submissions
advanced by learned counsel for the petitioners, this Court is of
the opinion that ends of justice would stand sub served if
directions are issued for expeditious disposal of aforesaid case.
Accordingly, the present petition is disposed of by requiring the
respondent No. 2 seized with the objection under Section 21 (1)
of UPCH Act in Case No. 1813 of 2026 to consider and decide
WRIB No. 3272 of 2026
2
the same, expeditiously, preferably, within a period of three
months upon service of certified copy of the order of this Court,
in accordance with law.
(Ashutosh Srivastava,J.)
September 23, 2026
Ravi Prakash
Digitally signed by :-
RAVI PRAKASH
High Court of Judicature at Allahabad
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