Allahabad High Court
ISHWAR CHANDRA AND 3 OTHERSversusSTATE OF U.P. AND 8 OTHERS
- Decided
Holding
The Court ordered Respondent No.4 to decide the petitioners' reply within four weeks, without deciding the merits of the land dispute.
Summary
The petitioners sought a writ of mandamus to restrain the respondents from demolishing a disputed parcel of land and to compel Respondent No.4 to decide the petitioners' reply filed earlier. The petitioners alleged that no decision had been taken on their reply, causing prejudice. The Court examined the request and, without addressing the merits of the land dispute, directed Respondent No.4 to decide the reply within four weeks of the certified copy of the order. The Court clarified that it was not adjudicating the substantive claim but merely ensuring timely administrative action. Consequently, the writ petition was disposed with the specific direction to the respondent.
Issues considered
- Whether the High Court can issue a writ of mandamus to restrain demolition of property pending adjudication
- Whether the Court can direct an administrative authority to decide a pending reply within a stipulated time
Subjects
- writ of mandamus
- stay order
- land dispute
- administrative delay
- high court
- petition disposal
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
WRIT - C No. - 10478 of 2026
Ishwar Chandra And 3 Others
.....Petitioner(s)
Versus
State Of U.P. And 8 Others
.....Respondent(s)
Counsel for Petitioner(s) : Bashisth Narain Pandey
Counsel for Respondent(s) : C.S.C.
Court No. - 4
HON'BLE NEERAJ TIWARI, J.
HON'BLE GARIMA PRASHAD, J.
1. Heard learned counsel for the petitioner and learned standing counsel for
respondents.
2. Present petition has been filed seeking following relief:-
"A). Issue a writ, order or direction in the nature of mandamus commanding directing and
restraining the respondents from demolishing the alleged construction or interfering with the
peaceful possession of the petitioners over the land in dispute being Gata No.70 area 0.047
hectare situated Village Rehar Ward No.10, Bhagat Singh Nayar, Tehsil & District Basti during
the pendency of the present writ petition."
3. Learned counsel for the petitioner submitted that for redressal of his
grievance, petitioner has filed reply before the respondent no.4, but till date no
decision has been taken. Lastly, it is submitted that a direction may be issued
to respondent No. 4 to decide the aforesaid reply within a stipulated time, for
which learned standing counsel has no objection.
4. In view of the facts and circumstances of the case, the writ petition is
disposed of directing respondent No. 4 to decide the reply of the petitioner in
accordance with law maximum within period of four weeks from the date of
submission of certified copy of this order.
5. It is made clear that this Court has not adjudicated the case on merits. It is
upon respondent No. 4 to pass order after considering the relevant Rules as
well as facts of the case.
March 19, 2026
Junaid
(Garima Prashad,J.) (Neeraj Tiwari,J.)
Digitally signed by :-
JUNAID AHMAD
High Court of Judicature at Allahabad
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