Allahabad High Court
DEVENDRA SINGH AND 13 OTHERSversusSTATE OF U.P. AND 8 OTHERS
- Decided
Holding
The Court directed the Sub‑Divisional Magistrate/Deputy Collector to decide the petitioners' representation within three months, without entertaining the merits of the petition.
Summary
The petitioners filed a writ petition seeking a mandamus directing the State respondents to decide a representation dated 20 June 2022. An amendment was filed to specifically include a prayer for the Sub-Divisional Magistrate/Deputy Collector of Kanpur to decide the representation within a stipulated period. The amendment was allowed, and the petitioners limited their prayer to the expeditious disposal of the representation. The State's Additional Chief Standing Counsel raised no objection to a direction for speedy disposal. The Court, without addressing the merits of the representation, disposed of the writ petition by directing the respondent to decide the representation within three months of the order, after hearing all stakeholders.
Issues considered
- Whether the High Court can amend the prayer clause of a writ petition to seek a specific direction for expeditious disposal of a representation.
- Whether the Court can issue a mandamus directing an administrative authority to decide a representation within a fixed time without adjudicating the merits.
Subjects
- writ petition
- mandamus
- amendment
- expeditious disposal
- administrative law
- representation
- High Court
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
WRIT - C No. - 16883 of 2026
Devendra Singh And 13 Others
.....Petitioner(s)
Versus
State Of U.P. And 8 Others
.....Respondent(s)
Counsel for Petitioner(s) : Irfan Raza Khan
Counsel for Respondent(s) : A.S.G.I., C.S.C., Sanjay Kumar Om
Court No. - 21
HON'BLE MAHESH CHANDRA TRIPATHI, J.
HON'BLE KUNAL RAVI SINGH, J.
1. Heard Shri N.A. Khan, learned Senior Counsel, assisted by Shri Irfan
Raza Khan, appearing for the petitioners, and Shri Suresh Singh, learned
Additional Chief Standing Counsel for the State-respondents.
2. An amendment application has been filed today, which is taken on record.
By means of the said application, amendment in the prayer clause of the writ
petition is sought as follows:
"(ia) Issue a writ, order or direction in the nature of mandamus
commanding the respondent Nos. 3, 6 and 9 to decide the
representation of the petitioners dated 20.06.2022 as Annexure
no. 27 to the writ petition."
3. The amendment application is allowed. Necessary amendment shall be
carried out forthwith.
4. Learned Senior Counsel appearing for the petitioners confines his prayer,
in light of the newly added relief, to the extent that the petitioners'
representation dated 20.06.2022 be decided by the competent authority
within a stipulated time period.
5. Shri Suresh Singh learned Additional Chief Standing Counsel for the
State-respondents. , submits that he has no objection in case a direction is
issued by this Court for expeditious disposal of the aforesaid representation
in accordance with law.
6. Considering the facts and circumstances of the case and the nature of
WRIC No. 16883 of 2026
2
relief sought, the instant writ petition is disposed of with a direction to
respondent No. 9 i.e., Sub-Divisional Magistrate, Kanpur Sadar/Deputy
Collector, Kanpur Nagar, to consider and decide the petitioners'
representation dated 20.06.2022 expeditiously, preferably within a period of
three months from the date of production of a certified copy of this order, in
accordance with law, after affording an opportunity of hearing to all
concerned stakeholders.
7. Needless to say that we have not adverted to the matter on merits.
May 5, 2026
Mukesh Kr.
(Kunal Ravi Singh,J.) (Mahesh Chandra Tripathi,J.)
Digitally signed by :-
MUKESH KUMAR
High Court of Judicature at Allahabad
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