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Allahabad High Court

MERAJUL HASAN AND 5 OTHERSversusSTATE OF U.P. AND 2 OTHERS

Decided

Holding

The Court directed Respondent No.2 to decide the representation within six weeks, without adjudicating the merits.

Summary

Petitioner Merajul Hasan and others filed a writ petition seeking a mandamus directing Respondent No.2 to consider a representation dated 06-04-2026 and pass a reasoned order after hearing. The petitioner alleged that no decision had been taken on the representation. The Court examined the petition and, noting no objection from the respondents, ordered Respondent No.2 to decide the representation within six weeks of the certified copy of the order, after providing an opportunity of hearing. The Court clarified that it was not adjudicating the merits of the underlying matter, but merely directing compliance with procedural requirements. Consequently, the petition was disposed with the directive to the authority.

Issues considered

  • Whether a writ of mandamus can be issued to compel Respondent No.2 to consider the petitioner's representation within a stipulated time

Subjects

  • mandamus
  • writ petition
  • representation
  • administrative law
  • delay
  • hearing
  • High Court

Judgment

                                                     HIGH COURT OF JUDICATURE AT ALLAHABAD

                                                                   WRIT - C No. - 17840 of 2026

                                    Merajul Hasan And 5 Others
                                                                                                                .....Petitioner(s)
                                                                                  Versus
                                    State Of U.P. And 2 Others
                                                                                                             .....Respondent(s)

                                    Counsel for Petitioner(s)                               :     Pramod Kumar Sinha
                                    Counsel for Respondent(s)                               :     C.S.C., Sharad Sharma

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

                                    1. Heard learned counsel for the petitioner, learned standing counsel for
                                    respondent Nos. 1 & 2 and Sri Saurabh Kumar, Advocate holding brief of Sri
                                    Sharad Sharma, learned counsel for respondent No. 3.

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

                                    "a). Issue a writ, order or direction in the nature of mandamus commanding and directing to
                                    respondent No. 2 to consider the representation of the petitioners dated 06.04.2026 and pass
                                    appropriate reasoned order by affording ample opportunity of being heard to the petitioners
                                    within stipulated time as per fixed by this Hon'ble court."


                                    3. Learned counsel for the petitioner submitted that for redressal of his
                                    grievance, petitioner has filed representation dated 06.04.2026 before
                                    respondent No. 2, but till date no decision has been taken. Lastly, it is
                                    submitted that a direction may be issued to respondent No. 2 to decide the
                                    aforesaid representation within a stipulated time, for which learned counsels
                                    for respondents have no objection.

                                    4. In view of the facts and circumstances of the case, the writ petition is
                                    disposed of directing respondent No. 2 to decide the representation of the
                                    petitioner dated 06.04.2026 in accordance with law maximum within period of
                                    six weeks from the date of submission of certified copy of this order after
                                    providing opportunity of hearing to all concerned.

                                    5. It is made clear that this Court has not adjudicated the case on merits. It is
                                    upon respondent No. 2 to pass order after considering the relevant Rules as
                                    well as facts of the case.
                                    May 6, 2026
                                    Sartaj
                                                                             (Sudhanshu Chauhan,J.) (Neeraj Tiwari,J.)




Digitally signed by :-
SARTAJ AHMAD
High Court of Judicature at Allahabad


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