Allahabad High Court
M/S GOVIND ENTERPRISES PROPRIETOR CHANDRA PRATAP SINGHversusSTATE OF UP AND 3 OTHERS
- Decided
Holding
The petition is disposed without adjudicating the merits, with liberty to the petitioner to file a fresh representation and an order directing the respondent to decide it within six weeks.
Summary
The petitioner, Govind Enterprises, filed a writ petition seeking a certiorari to quash an order dated 17‑04‑2025 issued by the Executive Officer of Nagar Panchayat Bansgaon and a mandamus directing payment as recommended by the Executive Engineer, PWD. The petitioner claimed that a representation filed on 17‑02‑2026 before the respondent (respondent No. 4) remained pending without decision. The respondents argued that the petitioner should file a fresh representation, which would then be considered promptly. The Court declined to adjudicate the merits, directing the petitioner to file a fresh representation within four weeks and ordering the respondent to decide it within six weeks. No substantive order on the original impugned orders was made.
Issues considered
- Whether the impugned order dated 17‑04‑2025 passed by the Executive Officer of Nagar Panchayat Bansgaon can be quashed by certiorari.
- Whether a writ of mandamus can be issued to compel the respondent to make the payment recommended by the Executive Engineer, PWD.
- Whether the petitioner should be directed to file a fresh representation and the respondent to decide it within a stipulated time.
Subjects
- writ petition
- certiorari
- mandamus
- representation
- administrative law
- High Court
- Allahabad
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
WRIT - C No. - 17948 of 2026
M/S Govind Enterprises Proprietor Chandra Pratap
Singh .....Petitioner(s)
Versus
State Of Up And 3 Others
.....Respondent(s)
Counsel for Petitioner(s) : Pragya Mani Tripathi
Counsel for Respondent(s) : C.S.C.
Court No. - 4
HON'BLE NEERAJ TIWARI, J.
HON'BLE SUDHANSHU CHAUHAN, J.
1. Heard learned counsel for the petitioner and learned standing counsel
for State- respondents.
2. Present petition has been filed seeking following relief:-
"a). Issue a writ, order or direction in the nature of certiorari to direct the authority
concern to quash and set aside the impugned order dated 17.04.2025 passed by
executive officer, Nagar Panchayat Bansgaon, in compliance of order dated
15.04.2025 passed by Chairman Nagar Panchayat Bansgaon, District Gorakhpur.
b) Issue a writ, order or direction in the nature of mandamus commanding the
respondent to make payment which re-command by Executive Engineeer P.W.D.
Pratiya Khand Gorakhpur."
3. Learned counsel for the petitioner submitted that for redressal of his
grievance, petitioner has filed representation dated 17.02.2026 before
respondent No. 4, but no decision has been taken till date. Lastly, it is
submitted that a direction may be issued to respondent No. 4 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
earliest.
WRIC No. 17948 of 2026
2
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 four
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 7, 2026
Arif
Digitally signed by :-
MOHAMMAD ARIF
High Court of Judicature at Allahabad
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