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Allahabad High Court

SINGHAL & SONS AND ANOTHERversusTHE STATE OF U.P. AND 2 OTHERS

Decided

Holding

The court held that the petitioners may file a fresh representation before the District Basic Shiksha Adhikari, who must decide it within a stipulated period.

Summary

The petitioners, Singhal & Sons, filed a writ petition seeking direction for the District Basic Shiksha Adhikari, Kasganj, to decide pending applications for payment of Rs.1,65,000 with interest at 18% per annum filed on 3 Oct 2024 and 17 Oct 2024. The respondents argued that the competent authority could consider the matter and asked the court to direct it accordingly. The court, without examining the merits, disposed of the writ by allowing the petitioners to file a fresh representation, with a certified copy of the order, before the same authority within one month. The court further directed that the authority must decide the fresh representation within one month of receipt. Thus, the petition was not dismissed but remanded for a fresh administrative proceeding. The order was dated 14 May 2026.

Issues considered

  • Whether the High Court can direct the District Basic Shiksha Adhikari to decide pending payment applications in a writ petition.

Subjects

  • writ petition
  • administrative law
  • payment of dues
  • representation
  • district education officer
  • interest on arrears

Judgment

                                             HIGH COURT OF JUDICATURE AT ALLAHABAD
                                                             WRIT - C No. - 18942 of 2026

                                    Singhal & Sons And Another
                                                                                                      .....Petitioner(s)
                                                                         Versus

                                    The State Of U.P. And 2 Others
                                                                                                    .....Respondent(s)

                                    Counsel for Petitioner(s)                                   :       Vatsala
                                    Counsel for Respondent(s)                                   :       C.S.C.

                                    Court No. - 40
                                                       HON'BLE SARAL SRIVASTAVA, J.
                                                       HON'BLE GARIMA PRASHAD, J.

                                    1. Learned counsel for the petitioner at the outset submits that the subject
                                    matter of the present writ petition is pending consideration before the
                                    respondent no.2-District Basic Shiksha Adhikari, Kasganj by way of
                                    applications for payment of outstanding amount of Rs.1,65,000/- at the rate
                                    of 18% per annum from the date of generation of invoice till its actual
                                    payment, which was filed on 03.10.2024 & 17.10.2024 and the same have
                                    not been decided till date.

                                    2. Per contra, learned Standing Counsel for the respondents contends that
                                    the matter can very well be considered by the competent authority and
                                    therefore, an appropriate direction be issued to the competent authority to
                                    consider the grievance of the petitioner.

                                    3. Considering the facts and circumstances of the case and without adverting
                                    into the merits of the case, the writ petition is disposed off permitting the
                                    petitioners to file a fresh representation alongwith certified copy of this order
                                    raising all his grievances before the respondent No.2-District Basic Shiksha
                                    Adhikari, Kasganj within a period of one month from today. In case, any
                                    such representation is filed by the petitioner, the respondent No.2 shall
                                    consider and decide the same strictly in accordance with law within a period
                                    of one month thereafter from the date he receives the representation of the
                                    petitioner.
                                    May 14, 2026
                                    SS

                                                                    (Garima Prashad,J.) (Saral Srivastava,J.)




Digitally signed by :-
SUNIL KUMAR SHARMA
High Court of Judicature at Allahabad


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