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Allahabad High Court

ANIL KUMAR GUPTAversusSTATE OF U.P. AND 2 OTHERS

Decided

Holding

The petition was disposed without adjudicating the merits, directing the petitioner to file a fresh representation and the respondent to decide it within a stipulated period.

Summary

The petitioner, Anil Kumar Gupta, filed a writ petition seeking a mandamus directing respondents No.2 and No.3 (State of U.P. and others) to pay his pending dues with interest and to close the agreement. He alleged that a representation he filed on 4 March 2022 before respondent No.3 remained unanswered. The respondents argued that the petitioner should file a fresh representation and that any such representation would be decided promptly. The Court allowed the petitioner to implead the Superintending Engineer, Construction Circle, Uttar Pradesh Jal Nigam (Urban), Varanasi as respondent No.4 and directed the petitioner to file a fresh representation with a certified copy of the order within two weeks. Respondent No.4 was ordered to decide the representation within six weeks, and the Court clarified that it had not adjudicated the merits of the claim.

Issues considered

  • Whether the High Court can issue a mandamus directing payment of pending dues without a fresh representation being filed.
  • Whether the petitioner must first file a fresh representation before the administrative authority before the Court can entertain the writ.

Subjects

  • mandamus
  • writ petition
  • pending dues
  • representation
  • administrative law
  • High Court
  • direction
  • payment of dues

Judgment

          HIGH COURT OF JUDICATURE AT ALLAHABAD
                           WRIT - C No. - 14339 of 2026

Anil Kumar Gupta
                                                                   .....Petitioner(s)
                                         Versus

State Of U.P. And 2 Others
                                                                 .....Respondent(s)

Counsel for Petitioner(s)              : Sandeep Srivastava
Counsel for Respondent(s)              : C.S.C., Suresh Singh, Vimlesh Kumar
                                         Rai

Court No. - 4
                  HON'BLE NEERAJ TIWARI, J.
                  HON'BLE SUDHANSHU CHAUHAN, J.

1. At the very outset, learned counsel for the petitioner is permitted to
implead the Superintending Engineer, Construction Circle, Uttar Pradesh
Jal Nigam (Urban), Varanasi as respondent no. 4 in the array of parties of
the writ petition, during course of day.

2. Heard learned counsel for the petitioner, learned standing counsel for
State- respondent and Sri V.K. Rai, learned counsel appearing on behalf
of the respondent nos. 2 and 3.

3. Present petition has been filed seeking following relief:-

"(i) issue a writ, order or direction in the nature of mandamus commanding the
respondent no. 2 and 3 to make the payment of pending dues of the petitioner along
with interest and litigation expenses and close the agreement within stipulated period
of time fixed by the Hon'ble Court."

3. Learned counsel for the petitioner submitted that for redressal of his
grievance, petitioner has filed representation dated 04.03.2022 before
respondent No. 3, but no decision has been taken till date. Lastly, it is
submitted that a direction may be issued to respondent No. 3 to decide the
representation within a stipulated time.

4. Learned counsel for respondents submitted that petitioner may be
directed to file fresh representation. Further, in case any such
representation is filed, the same shall be considered and decided at the
                                                                                            WRIC No. 14339 of 2026
                                                                    2


                                    earliest.

                                    5. In view of the facts and circumstances of the case, the writ petition is
                                    disposed of with liberty to petitioner to move fresh representation along
                                    with certified copy of this order before respondent No. 4 within two
                                    weeks from today. In case any such representation is filed, respondent No.
                                    4 is directed to decide the same in accordance with law maximum within
                                    a period of six weeks thereafter.

                                    6. 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.



                                                                 (Sudhanshu Chauhan,J.) (Neeraj Tiwari,J.)
                                    May 6, 2026
                                    Arif




Digitally signed by :-
MOHAMMAD ARIF
High Court of Judicature at Allahabad


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