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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