Allahabad High Court
SMT. SUBHADRA DEVI @ SAHODHRA DEVIversusSTATE OF U.P. AND 3 OTHERS
- Decided
Holding
The Court directed the petitioner to file a fresh representation and ordered the District Magistrate to decide it within six weeks, without adjudicating the merits of the grievance.
Summary
The petitioner, Smt. Subhadra Devi, filed a writ petition seeking a mandamus directing the District Magistrate of Aligarh to consider and decide a representation she had submitted on 20 June 2024, which remained pending. The petitioner alleged undue delay and requested the court to compel the magistrate to act within a stipulated period. The respondents argued that the petitioner should file a fresh representation and that any such filing should be decided promptly. The High Court disposed of the petition, granting liberty to the petitioner to file a fresh representation along with a certified copy of the order within two weeks, and directing the District Magistrate to decide it within six weeks. The court clarified that it did not adjudicate the merits of the underlying grievance, leaving the substantive decision to the magistrate under applicable rules.
Issues considered
- Whether the High Court can issue a mandamus directing the District Magistrate to decide a pending representation within a specific time frame.
- Whether the petitioner must file a fresh representation before the District Magistrate can be directed to decide.
Subjects
- writ petition
- mandamus
- representation
- District Magistrate
- administrative delay
- procedural order
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
WRIT - C No. - 23714 of 2025
Smt. Subhadra Devi @ Sahodhra Devi
.....Petitioner(s)
Versus
State Of U.P. And 3 Others
.....Respondent(s)
Counsel for Petitioner(s) : Jeet Bahadur Singh
Counsel for Respondent(s) : C.S.C.
Court No. - 4
HON'BLE NEERAJ TIWARI, J.
HON'BLE SUDHANSHU CHAUHAN, J.
1. Heard Mrs.Chandrakala Devi, Advocate holding brief of Mr.Jeet
Bahadur Singh, 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 mandamus commanding and directing to
respondents-authorities to consider the grievance
of petitioner and decide the representation
submitted by the petitioner before the respondent
No.2, i.e., District-Magistrate, Aligarh."
3. Learned counsel for the petitioner submitted that for redressal of his
grievance, petitioner has filed representation dated 20.6.2024 before
respondent No.2, i.e., District-Magistrate, Aligarh, but no decision has
been taken, till date. Lastly, it is submitted that a direction may be issued
to said respondent No.2 to decide the representation within a stipulated
period of 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. 23714 of 2025
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.2 within two-weeks
from today. In case any such representation is filed, respondent No.2 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 the District-Magistrate, Aligarh to pass order after considering the
relevant Rules as well as facts of the case.
(Sudhanshu Chauhan,J.) (Neeraj Tiwari,J.)
May 7, 2026
LN Tripathi
Digitally signed by :-
LALIT TRIPATHI
High Court of Judicature at Allahabad
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