Allahabad High Court
RAM LAKHANversusSTATE OF U.P. AND 4 OTHERS
- Decided
- Bench
- ASHUTOSH SRIVASTAVA
Holding
The court directed respondent No.4 to decide the pending case under Section 109 Ka of the UPCH Act within three months.
Summary
The petitioner, Ram Lakhan, filed a writ petition seeking a court direction for the respondent No.4 to decide a case filed on 13-10-2025 under Section 109 Ka of the Uttar Pradesh Child Health (UPCH) Act, which had been pending for over a year. The petitioner argued that expeditious disposal was necessary for justice, while the respondent's standing counsel raised no objection. The court examined whether it could issue such a procedural direction and concluded that it could, in the interest of justice. Accordingly, the court ordered the respondent No.4 to consider and decide the pending case within three months of service of the order. The petition was disposed with the said direction.
Issues considered
- Whether the High Court can direct a respondent to decide a pending case under Section 109 Ka of the UPCH Act within a specified time frame
- Whether such a direction is necessary to serve the ends of justice
Legislation cited
- Uttar Pradesh Child Health (UPCH) Act — s. 109 Ka
Subjects
- Writ petition
- Expeditious disposal
- Section 109 Ka
- UPCH Act
- Procedural direction
- Administrative law
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
WRIT - B No. - 3819 of 2026
Ram Lakhan
.....Petitioner(s)
Versus
State Of U.P. And 4 Others
.....Respondent(s)
Counsel for Petitioner(s) : Kanhaiya Lal Tiwari
Counsel for Respondent(s) : C.S.C.
Court No. - 50
HON'BLE ASHUTOSH SRIVASTAVA, J.
Heard Shri Kanhaiya Lal Tiwari, learned counsel for the petitioner, learned
Standing Counsel for the State-respondent.
The limited prayer made by learned counsel for the petitioner is to issue a
direction to decide the proceedings of case filed on 13.10.2025 (Ram Lakhan
and others verus State of U.P.), under Section 109 Ka of UPCH Act stated
to be pending before the respondent No. 4 within a time frame fixed by this
Court.
Learned counsel for the petitioner submits that case filed by the petitioner is
pending consideration since 2025 and the purpose of filing the present
petition would stand served if appropriate directions are issued to the
respondent No. 4 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. 4 seized with the case filed on 13.10.2025 (Ram Lakhan and others
verus State of U.P.), under Section 109 Ka of UPCH Actto consider and
decide the same, expeditiously, preferably, within a period of three months
WRIB No. 3819 of 2026
2
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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