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Allahabad High Court

YOGESH KUMAR SRIVASTAVAversusSTATE OF U.P. AND 4 OTHER

Decided

Holding

The petition is disposed with a direction to the respondent to decide the pending application within two months, without granting the writ of mandamus.

Summary

The petitioner filed a writ petition under Article 226 seeking a mandamus directing the respondents to dismantle an abandoned handpipe obstructing access to his bhumidhari land, relying on a spot inspection report. He also highlighted a pending application dated 22 July 2026 that had not been considered. The standing counsel for the respondents raised no objection to the court directing the authority to decide the pending application in accordance with law. The court, after hearing counsel, disposed of the petition, directing the respondent to decide the pending application within two months. No order was issued mandating the removal of the handpipe.

Issues considered

  • Whether the High Court can issue a writ of mandamus directing removal of the abandoned handpipe under Article 226.
  • Whether the court should direct the respondent to decide the petitioner’s pending application dated 22 July 2026.

Subjects

  • Article 226
  • writ of mandamus
  • pending application
  • public authority
  • land access
  • expeditious decision

Judgment

         HIGH COURT OF JUDICATURE AT ALLAHABAD
                        WRIT - C No. - 35675 of 2026

Yogesh Kumar Srivastava
                                                                 .....Petitioner(s)
                                    Versus

State Of U.P. And 4 Other
                                                            .....Respondent(s)

Counsel for Petitioner(s)       : Rampyare Lal Srivastava,                Subash
                                  Chandra Srivastava
Counsel for Respondent(s)       : C.S.C.

Court No. - 1
                 HON'BLE AJIT KUMAR, J.
                 HON'BLE SIDDHARTH NANDAN, J.

     1. Heard learned counsel for the parties and perused the records.

     2. By means of this petition filed under Article 226 of the
     Constitution, petitioner has prayed for following relief:

     "I). Issue a writ, order or direction in the nature of mandamus
     directing the respondent nos. 2 and 5 to dismantle and remove
     the non functional abandoned India marka handpipe from the
     door to the petitioner's bhumidhari land, in light of the official
     spot inspection and verification report submitted by the Nayab
     Tehsildar, Tehsil Madiyahu, District Jaunpur within stipulated
     period of time as may be determined by this Hon'ble court."

     3. Learned counsel for the petitioner states that in above regard
     petitioner has already moved an application/ representation dated
     22.07.2026 which has remained pending consideration till date.

     4. Learned Standing Counsel has no objection in the event a
     direction is issued to the authority concerned to decide the
     pending application/ representation of petitioner in accordance
     with law.

     5. In view of the above, this petition stands disposed of with a
     direction to the respondent No.- 2 to consider and decide the
     pending application/ representation of the petitioner dated
                                                                                               WRIC No. 35675 of 2026
                                                                       2


                                            22.07.2026 strictly in accordance with law as expeditiously as
                                            possible preferably within a period of two months from the date
                                            of presentation of certified copy of this order.



                                                                           (Siddharth Nandan,J.) (Ajit Kumar,J.)
                                    September 16, 2026
                                    A.K.Srivastava




Digitally signed by :-
ARUN KUMAR SRIVASTAVA
High Court of Judicature at Allahabad


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