Allahabad High Court
ARUN NISHADversusSTATE OF UP AND 2 OTHERS
- Decided
Holding
The Court declined to issue a writ of mandamus and instead directed the respondent to consider the pending representation and decide within two months.
Summary
Petitioner Arun Nishad filed a writ petition under Article 226 of the Constitution seeking a mandamus directing Respondent No.3 to release Rs. 4 lakh as natural disaster relief under the Disaster Management Act, 2005. The petitioner had already submitted a representation to Respondent No.3 on 28‑04‑2026, which remained pending. The Court noted the pending representation and, after hearing counsel, found no ground to issue a writ of mandamus at this stage. Instead, the Court directed Respondent No.3 to consider the grievance raised in the representation and to decide the matter within two months of receiving the certified copy of the order. The petition was therefore disposed of with this direction, without any order for immediate payment.
Issues considered
- What is the appropriate remedy under Article 226 for a petitioner seeking disaster relief under the Disaster Management Act, 2005?
- Whether a writ of mandamus can be issued to compel the respondent to release the specified amount before the pending representation is decided.
Legislation cited
Subjects
- Article 226
- mandamus
- Disaster Management Act
- natural disaster relief
- administrative law
- High Court
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
WRIT - C No. - 36388 of 2026
Arun Nishad
.....Petitioner(s)
Versus
State Of Up And 2 Others
.....Respondent(s)
Counsel for Petitioner(s) : Prachi Yadav, Ramendra Kumar Yadav
Counsel for Respondent(s) : C.S.C.
Court No. - 1
HON'BLE AJIT KUMAR, J.
HON'BLE GARIMA PRASHAD, J.
Heard learned counsel for the petitioner as well as
learned Standing Counsel.
By means of this petition filed under Article 226 of the
Constitution, petitioner has prayed for following relief as
substantial relief:
"i) Issue a writ, order or direction in the nature of
mandamus commanding and directing to the respondent
no. 3 to provide amount of Rs. 4 Lakhs for Natural
Disaster under the provision of Disaster Management
Act, 2005."
It appears from the records that the petitioner has already
represented the matter to the respondent no. 3 vide
representation dated 28.04.2026 which is still pending
consideration.
Learned Standing Counsel submits that he has no
objection in the event this petition stands disposed of
WRIC No. 36388 of 2026
2
with a direction to the respondent no. 3 to look into and
consider the grievance of the petitioner and pass
appropriate order strictly in accordance with law.
In view of the above, this petition stands disposed of
with a direction that respondent no. 3 shall consider the
grievance of the petitioner raised in his representation
dated 28.04.2026 and decide the same within a period of
two months from the date of receipt of certified copy of
this order.
(Garima Prashad,J.) (Ajit Kumar,J.)
September 11, 2026
IrfanUddin
Digitally signed by :-
IRFAN UDDIN SIDDIKI
High Court of Judicature at Allahabad
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