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Allahabad High Court

RAJNEESH PATHAKversusSTATE OF U.P. AND 3 OTHERS

Decided

Holding

The Court directed Respondent No.3 to decide the petitioner's representation dated 05.01.2026 within two months, thereby granting the writ of mandamus.

Summary

Petitioner Rajneesh Pathak filed a writ petition under Article 226 seeking a mandamus directing Respondent No.3 to decide a representation filed on 5 January 2026 within a stipulated period. The respondent's standing counsel did not object to the petition, provided the representation is decided in a time‑bound manner and in accordance with law. The Court examined whether the administrative authority had unreasonably delayed the decision on the representation. Finding no substantive objection, the Court directed Respondent No.3 to consider and dispose of the pending representation expeditiously, preferably within two months of the order, after giving a hearing to all concerned parties. Accordingly, the petition was disposed with the specified direction.

Issues considered

  • Whether the High Court can issue a mandamus directing the respondent to decide the petitioner's representation within a stipulated time under Article 226.

Subjects

  • Article 226
  • Writ of Mandamus
  • Administrative Delay
  • High Court
  • Representation Disposal

Judgment

                                               HIGH COURT OF JUDICATURE AT ALLAHABAD
                                                                 WRIT - C No. - 16388 of 2026

                                    Rajneesh Pathak
                                                                                                         .....Petitioner(s)
                                                                             Versus

                                    State Of U.P. And 3 Others
                                                                                                       .....Respondent(s)

                                    Counsel for Petitioner(s)                          :   Syed Zafar Abbas Rizvi
                                    Counsel for Respondent(s)                          :   C.S.C.

                                    Court No. - 1
                                                         HON'BLE AJIT KUMAR, J.
                                                         HON'BLE INDRAJEET SHUKLA, J.

                                    1. Heard Shri Syed Zafar Abbas Rizvi, learned counsel for the petitioner
                                    and Shri Roopesh Tiwari, learned Standing Counsel for the State
                                    respondents.

                                    2. By means of this petition filed under Article 226 of the Constitution of
                                    India, the petitioner has prayed for following relief:-

                                           "a writ, order or direction in the nature of mandamus commanding the
                                           respondent no.3 to decide the representation dated 05.01.2026 filed by
                                           the petitioner within stipulated period."

                                    3. Learned Standing Counsel has no objection in case the petitioner's
                                    representation dated 05.01.2026 is directed to be decided by the
                                    concerned respondent in a time bound period and in accordance with law.

                                    4. In view of the above, this petition stands disposed of with a direction to
                                    respondent no.3 to consider and dispose of the pending representation of
                                    the petitioner dated 05.01.2026 expeditiously in accordance with law,
                                    preferably within a period of two months from the date of production of
                                    certified copy of this order after giving opportunity of hearing to all the
                                    concerned parties.



                                                                              (Indrajeet Shukla,J.) (Ajit Kumar,J.)
                                    May 6, 2026
                                    S.P.




Digitally signed by :-
SANJAY PURI
High Court of Judicature at Allahabad


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