Allahabad High Court
SHIV KUMAR SINGHversusSTATE OF U.P. AND 10 OTHERS
- Decided
- Bench
- ASHUTOSH SRIVASTAVA
Holding
The Court directed the respondent to decide the pending appeal within three months, deeming such direction appropriate under Section 11(1) of the UPCH Act.
Summary
The petitioner, Shiv Kumar Singh, filed a writ petition seeking a court direction for the respondent (a judicial officer) to decide Appeal No. 182 of 2024, registered as Case No. 0150 of 2024, under Section 11(1) of the Uttar Pradesh Child Health (UPCH) Act, which had been pending since 2024. The petitioner argued that the delay violated the ends of justice and requested the court to fix a time‑frame for disposal. The respondent’s standing counsel raised no objection to the prayer. The High Court, after considering the submissions, held that directing the respondent to decide the appeal within a specific period would serve the ends of justice. Consequently, the court disposed of the petition by ordering the respondent to decide the appeal expeditiously, preferably within three months of service of the order.
Issues considered
- Whether the High Court can issue a direction under Section 11(1) of the UPCH Act to a respondent to decide a pending appeal within a fixed time‑frame.
Legislation cited
- Uttar Pradesh Child Health Act — s. 11(1)
Subjects
- writ petition
- expeditious disposal
- appeal
- Section 11(1)
- UPCH Act
- direction
- High Court
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
WRIT - B No. - 4099 of 2026
Shiv Kumar Singh
.....Petitioner(s)
Versus
State Of U.P. And 10 Others
.....Respondent(s)
Counsel for Petitioner(s) : In Person
Counsel for Respondent(s) : C.S.C.
Court No. - 50
HON'BLE ASHUTOSH SRIVASTAVA, J.
Heard Petitioner In-Person, learned Standing Counsel for the State-
respondent.
Considering the nature of the order proposed to be passed notice upon the
private respondents is hereby dispensed with.
The limited prayer made by Petitioner In-Person is to issue a direction to
decide the proceedings of Appeal No. 182 of 2024 registered as Case No.
0150 of 2024 under Section 11 (1) of UPCH Act, stated to be pending
before the respondent No. 2 within a time frame fixed by this Court.
Petitioner In-Person submits that case is pending consideration since 2024
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
Petitioner In-Person, 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 Appeal No. 182 of 2024 registered as Case No. 0150
of 2024 under Section 11 (1) of UPCH Act, to consider and decide the
WRIB No. 4099 of 2026
2
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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