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Allahabad High Court

RAVINDRA SINGH YADAVversusSTATE OF U.P. AND 5 OTHERS

Decided

Holding

The Court held that the District Magistrate must decide the pending representation within two months, and accordingly issued a mandamus directing such action.

Summary

Petitioner Ravindra Singh Yadav filed a writ petition under Article 226 of the Constitution seeking a mandamus directing the State of Uttar Pradesh and other respondents to decide a representation dated 31 July 2026 concerning the alleged illegal restriction of water flow from the Nali to a pond in Ghazipur. The petitioner alleged that the authorities had unlawfully restrained the water flow, affecting a 0.0930 hectare pond. The standing counsel for the respondents raised no objection to the issuance of a direction. The Court, after hearing counsel, ordered the District Magistrate of Ghazipur to consider and decide the pending representation strictly in accordance with law and to do so within two months of receiving a certified copy of the order. Consequently, the petition was disposed with the said direction.

Issues considered

  • Whether the High Court can issue a writ of mandamus under Article 226 directing the District Magistrate to decide a pending representation concerning water flow restrictions

Subjects

  • Article 226
  • mandamus
  • writ petition
  • water flow
  • representation
  • District Magistrate
  • expeditious decision

Judgment

                                              HIGH COURT OF JUDICATURE AT ALLAHABAD
                                                               WRIT - C No. - 36439 of 2026

                                    Ravindra Singh Yadav
                                                                                                        .....Petitioner(s)
                                                                            Versus

                                    State Of U.P. And 5 Others
                                                                                                      .....Respondent(s)

                                    Counsel for Petitioner(s)              : Ajai Kumar Singh Kushwaha
                                    Counsel for Respondent(s)              : Bhupendra Kumar Tripathi, 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 commanding the
                                    respondents to decide the representation dated 31.07.2026 pending before the
                                    respodnents for illegal restraining the flow of water of Nali in the pond (Pokhara) no.
                                    408 area 0.0930 hectare of village Sarwandih, Post Office - Chaurabojh, Block
                                    Mardah, Police Station - Nonahara, Tehsil- Sadar, District- Ghazipur."

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

                                    4. In view of the above, this petition stands disposed of with a direction to
                                    the respondent No.- 2, namely District Magistrate, Ghazipur to consider
                                    and decide the pending representation of the petitioner dated 31st July,
                                    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 18, 2026
                                    Atmesh




Digitally signed by :-
ATMESH KESARI
High Court of Judicature at Allahabad


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