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Allahabad High Court

SMT. VIMLA DEVI AND 3 OTHERSversusSTATE OF U.P. AND 5 OTHERS

Decided

Holding

The court directed the Additional Commissioner to decide the pending restoration application expeditiously, preferably within six weeks, without expressing any opinion on the merits.

Summary

Petitioners Smt. Vimla Devi and others filed a writ petition seeking a mandamus directing the Additional Commissioner (Administration), Prayagraj Division, to decide a restoration application dated 9 December 2025 that had been pending since that date. The petitioners argued that the application was not being processed expeditiously. The court, after hearing counsel, declined to comment on the merits of the restoration application but ordered the Commissioner to conclude the proceedings within six weeks of receiving a certified copy of the order, after giving a proper hearing to the parties. The order was issued on 23 September 2026 by Justice Chandra Kumar Rai. No specific statutes or precedents were cited.

Issues considered

  • Whether the Additional Commissioner is obligated to decide the pending restoration application expeditiously under a writ of mandamus
  • Whether the court can issue a direction specifying a time-frame for the decision without adjudicating the merits

Subjects

  • writ of mandamus
  • restoration application
  • administrative law
  • expeditious decision
  • High Court of Allahabad

Judgment

                                                  HIGH COURT OF JUDICATURE AT ALLAHABAD

                                                              WRIT - C No. - 28329 of 2026

                                    Smt. Vimla Devi And 3 Others
                                                                                                         .....Petitioner(s)
                                                                              Versus
                                    State Of U.P. And 5 Others
                                                                                                      .....Respondent(s)

                                    Counsel for Petitioner(s)             :     Mahendra Kumar, Sunil Kumar Singh
                                    Counsel for Respondent(s)             :     C.S.C.

                                    Court No. - 37
                                                         HON'BLE CHANDRA KUMAR RAI, J.

                                    1. Heard learned counsel for the petitioners and Sri Manoj Kumar Mishra,
                                    learned standing counsel for the state-respondents.

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

                                          "Issue a writ, order or direction in the nature of mandamus,
                                          commanding the respondent no.2/Additional Commissioner
                                          (Administration), Prayagraj Division, Prayagraj to decide the
                                          Restoration Application dated 9.12.2025, pending before him
                                          expeditiously within the stipulated period."

                                    3. Counsel for the petitioners submitted that within-time restoration application
                                    dated 9.12.2025 filed on behalf of the private respondent no.5 to recall the
                                    order dated 6.12.2025 is pending before respondent no.2/Additional
                                    Commissioner since 9.12.2025. He further placed copy of the order-sheet of
                                    the pending proceeding, in order to demonstrate that the case is not
                                    proceeding expeditiously.

                                    4. Considering the facts and circumstances of the case, without expressing
                                    any opinion on the merits of the case, this petition is disposed of with the
                                    direction to respondent no.2 to decide the aforesaid proceedings to its logical
                                    conclusion, as expeditiously as possible, preferably within a period of 6 weeks,
                                    from the date of production of a certified copy of this order before the authority
                                    concerned, after affording proper opportunity of hearing to the parties
                                    concerned, in accordance with law.

                                    September 23, 2026
                                    C.Prakash
                                                                                              (Chandra Kumar Rai,J.)




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

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