Allahabad High Court
SIKANDAR AND ANOTHERversusSTATE OF U.P. AND 10 OTHERS
- Decided
- Bench
- ASHUTOSH SRIVASTAVA
Holding
The Court held that it may issue a direction under Section 11(1) of the CH Act for the expeditious disposal of the pending case.
Summary
Petitioner Sikandar and another filed a writ petition seeking a court direction under Section 11(1) of the CH Act for the speedy disposal of a pending case (Case No. 1786/3951) before Respondent No. 2. The petition argued that the case had been pending since 2023 and that a judicial directive was necessary to ensure timely adjudication. Respondents raised no objection to the proposed direction. The Court examined whether it could issue a directive under Section 11(1) to compel the respondent authority to decide the case within a fixed period. Finding that justice required expeditious disposal, the Court ordered the respondent to decide the pending case within three months of service of the order. The petition was consequently disposed.
Issues considered
- Whether the High Court can, under Section 11(1) of the CH Act, direct a public authority to decide a pending case within a specified time frame.
Legislation cited
- CH Act — s. 11(1)
Subjects
- Section 11(1) direction
- expeditious disposal
- pending case
- High Court writ petition
- administrative law
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
WRIT - B No. - 3940 of 2026
Sikandar And Another
.....Petitioner(s)
Versus
State Of U.P. And 10 Others
.....Respondent(s)
Counsel for Petitioner(s) : Shailendra Yadav
Counsel for Respondent(s) : Bhupendra Kumar Tripathi, C.S.C.
Court No. - 50
HON'BLE ASHUTOSH SRIVASTAVA, J.
Heard Shri Shailendra Yadav , learned counsel for the petitioner, learned
Standing Counsel for the State-respondent and Shri Bhupendra Kumar
Tripathi, learned counsel for the respondent No.3 .
Considering the nature of the order proposed to be passed notice upon the
private respondents is hereby dispensed with.
The limited prayer made by learned counsel for the petitioner is to issue a
direction to decide the proceedings of Case No. 1786/3951 (Computerized
Case No. 202354143600003951) under Section 11 (1) of CH Act , 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 2023 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 counsels appearing for the respondents have 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.
WRIB No. 3940 of 2026
2
Accordingly, the present petition is disposed of by requiring the respondent
No. 2 seized with the Case No. 1786/3951 (Computerized Case No.
202354143600003951) under Section 11 (1) of CH Act to consider and
decide 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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