Allahabad High Court
ANJANI KUMAR AND 5 OTHERSversusSTATE OF U.P. AND 7 OTHERS
- Decided
- Bench
- ASHUTOSH SRIVASTAVA
Holding
The Court directed the respondent to decide the pending case within three months, thereby granting the petitioner's limited prayer.
Summary
The petitioners, Anjani Kumar and five others, filed a writ petition seeking a court direction for the respondent to decide pending Case No. 135 of 2024 (Anjani Kumar Prannath) filed under Section 109 of the Uttar Pradesh Child Health (UPCH) Act. The petition argued that the case had been pending since 2024 and that a judicial direction would ensure its expeditious disposal. The respondents raised no objection to the proposed direction. The Court, noting the absence of opposition and the need to serve the ends of justice, ordered the respondent to decide the case within three months of service of the order. Accordingly, the petition was disposed with the direction for timely adjudication.
Issues considered
- Whether the High Court can issue a direction under Section 109 of the UPCH Act for the respondent to decide a pending case within a specified time frame
Legislation cited
- Uttar Pradesh Child Health Act — s. 109
Subjects
- writ petition
- Section 109
- UPCH Act
- expeditious disposal
- court direction
- pending case
- High Court of Allahabad
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
WRIT - B No. - 4108 of 2026
Anjani Kumar And 5 Others
.....Petitioner(s)
Versus
State Of U.P. And 7 Others
.....Respondent(s)
Counsel for Petitioner(s) : Rajendra Kumar Ojha
Counsel for Respondent(s) : C.S.C.
Court No. - 50
HON'BLE ASHUTOSH SRIVASTAVA, J.
Heard Shri Rajendra Kumar Ojha, learned counsel for the petitioner,
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 learned counsel for the petitioner is to issue a
direction to decide the proceedings of Case No. 135 of 2024 (Anjani Kumar
Prannath) under Section 109 of UPCH 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 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 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.
Accordingly, the present petition is disposed of by requiring the respondent
WRIB No. 4108 of 2026
2
No. 2 seized with the Case No. 135 of 2024 (Anjani Kumar Prannath) under
Section 109 of UPCH 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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