Created by Fuzzy Cloud

Allahabad High Court

AKHILESHversusSTATE OF UTTAR PRADESH AND 3 OTHERS

Decided

Holding

The petition is disposed with a direction to the second respondent to decide the transfer application expeditiously, without expressing any opinion on its merits.

Summary

The petitioner, Akhilesh, filed a writ petition before the Allahabad High Court seeking a mandamus directing the second respondent (the SDM, Chouri Choura) to decide a pending transfer application (No. C 202605000000537 of 2026) expeditiously. The petitioner alleged that despite several dates being fixed, the transfer application remained undecided. The court noted that keeping the petition pending served no useful purpose. Without expressing any view on the merits of the transfer application, the court disposed of the petition and directed the second respondent to decide the transfer application promptly, after proper service and hearing, and to avoid unnecessary adjournments. The order was signed on May 5, 2026.

Issues considered

  • Whether the High Court can issue a mandamus directing the respondent to decide a pending transfer application expeditiously.

Subjects

  • mandamus
  • transfer application
  • writ petition
  • expeditious disposal
  • procedural direction
  • High Court of Allahabad

Judgment

    HIGH COURT OF JUDICATURE AT ALLAHABAD
                    WRIT - C No. - 17424 of 2026



Akhilesh
                                                       .....Petitioner(s)
                                 Versus

State Of Uttar Pradesh And 3 Others
                                                       .....Respondent(s)

Counsel for Petitioner(s)           : Manoj Mishra,           Shashank
                                      Mishra
Counsel for Respondent(s)           : C.S.C.

Court No. - 36


           HON'BLE MANISH KUMAR NIGAM, J.

1. Heard learned counsel for the petitioner, learned Standing
Counsel for the State and perused the record.

2. The instant writ petition has been filed for the following relief:

     "Issue a writ, order or direction in the nature of
     MANDAMUS           directing      the      respondents       to
     commanding/directing the respondent no. 2, to decide the
     transfer application No. C 202605000000537 of 2026
     Akhilesh V/S SDM Chouri Choura and others, moved by the
     petitioner expeditiously within in stipulated period which this
     Hon'ble court may fixed."

3. Learned counsel for the petitioner states that the aforesaid
transfer application is pending since consideration. It is further
contended that several dates have been fixed but the same has not
been decided yet. He prayed that the same may be decided,
expeditiously.

4. No useful purpose would be served in keeping this petition
pending.

5. Considering the facts and circumstances of the case, without
                                                                                          WRIC No. 17424 of 2026
                                                                  2


                                        expressing any opinion on the merits of the case, the present
                                        petition stands disposed of finally with a direction to respondent
                                        No. 2 to consider and decide the aforementioned transfer
                                        application, in accordance with law, expeditiously, after ensuring
                                        service upon all the opposite parties and giving opportunity of
                                        hearing to the parties concerned as well as opportunity to lead
                                        evidence in support of their case and without granting
                                        unnecessary adjournments to either of the parties provided that
                                        there is no other legal impediment.




                                        May 5, 2026                           (Manish Kumar Nigam,J.)
                                        Ved Prakash




Digitally signed by :-
VED PRAKASH SHARMA
High Court of Judicature at Allahabad


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

For a signed copy suitable for filing, refer to the court's website.