Allahabad High Court
SMT. RADHAversusRANJEET AND 2 OTHERS
- Decided
- Bench
- MANISH KUMAR NIGAM
Holding
The Court issued a mandamus directing the tribunal to decide the pending case within six months.
Summary
Petitioner Smt. Radha filed a writ petition seeking a mandamus directing the Motor Accident Claims Tribunal (South) Kanpur Nagar to decide MACP No. 862 of 2020, which had been pending since 2020. The petitioner argued that the prolonged delay served no useful purpose and requested expeditious disposal. The Court examined the petition and noted the undue delay in adjudicating the underlying claim. It held that the writ petition was maintainable to compel the tribunal to act. Consequently, the Court disposed of the petition, directing the tribunal to decide the case within six months, ensuring service of notice and hearing to all parties, subject to no other legal impediment.
Issues considered
- Whether a writ of mandamus can be issued to compel the Motor Accident Claims Tribunal to decide a pending case expeditiously
Subjects
- writ petition
- mandamus
- Motor Accident Claims Tribunal
- delay in adjudication
- expeditious disposal
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
WRIT - C No. - 10226 of 2026
Smt. Radha
.....Petitioner(s)
Versus
Ranjeet And 2 Others
.....Respondent(s)
Counsel for Petitioner(s) : Vidya Kant Shukla
Counsel for Respondent(s) :
Court No. - 5
HON'BLE MANISH KUMAR NIGAM, J.
1. Heard learned counsel for the parties and perused the record.
2. This writ petition has been filed seeking following relief :-
"Issue a writ order or direction in the nature of mandamus commanding
the Motor Accident Claims Tribunal (South) Kanpur Nagar to decide the
M.A.C.P. No. 862 of 2020 (Smt. Radha and another Vs. Ranjeet and
others) expediously."
3. Learned counsel for the petitioner submitted that the above-mentioned case
is pending consideration since 2020, the same has not been decided till date.
Learned counsel prayed that the same may be decided, expeditiously.
4. Since the above-mentioned case is pending, no useful purpose would be
served in keeping this petition pending.
5. In view of the above, this writ petition stands disposed of with a direction to
the Motor Accident Claims Tribunal (South) Kanpur Nagar to decide the
above-mentioned case, in accordance with law, expeditiously, preferably
within six months from the date of production of a certified copy of this order,
after ensuring service of notice upon all the respondents and providing
opportunity of hearing to all the concerned parties provided there is no other
legal impediment.
March 18, 2026
Rishabh
(Manish Kumar Nigam,J.)
Digitally signed by :-
RISHABH KUMAR
High Court of Judicature at Allahabad
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