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Allahabad High Court

LALJI NISHADversusSTATE OF U.P. AND 5 OTHERS

Decided

Holding

The Court directed the respondent (District Magistrate) to consider the petitioner's grievance and decide the representation within two months.

Summary

Petitioner Lalji Nishad filed a writ petition under Article 226 of the Constitution seeking a mandamus directing the respondents to decide his representation dated 09-07-2026 and to grant a ferry licence for a water boat on the Tons River in Mau district. The petitioner alleged that the competent authority, the District Magistrate, had failed to consider his representation and issue the licence. The respondents contended that the District Magistrate was the appropriate authority to decide the matter. The Court examined whether the failure to act amounted to a jurisdictional lapse justifying mandamus. It held that the District Magistrate must be directed to consider the grievance and decide it within a stipulated period. Accordingly, the petition was disposed with a direction to the respondent to decide the representation within two months of receiving the certified copy of the order.

Issues considered

  • Whether the District Magistrate's failure to decide the petitioner's representation warrants issuance of a mandamus under Article 226.
  • Whether the petitioner is entitled to a ferry licence for the specified area on the Tons River.

Subjects

  • Article 226
  • mandamus
  • administrative law
  • licensing
  • ferry licence
  • District Magistrate
  • writ petition

Judgment

                                                    HIGH COURT OF JUDICATURE AT ALLAHABAD
                                                            WRIT - C No. - 36496 of 2026

                                    Lalji Nishad
                                                                                                         .....Petitioner(s)
                                                                           Versus
                                    State Of U.P. And 5 Others
                                                                                                       .....Respondent(s)

                                    Counsel for Petitioner(s)           : Kailash Singh Yadav, Sajjan Kumar
                                                                          Yadav
                                    Counsel for Respondent(s)           : C.S.C., Dharmaveer Singh

                                    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 reliefs as substantial reliefs:

                                    "i) To issue a writ, order or direction in the nature of mandamus commanding and
                                    directing to respondents authorities to decide the representation dated 09.07.2026
                                    moved by petitioner with specific and reasoned order.

                                    ii) To issue a writ, order or direction in the nature of mandamus commanding and
                                    directing the respondents authorities to grant the license for Ferry of water boat of
                                    fixed area at "Tons River" situated at City Mau District Mau."

                                    Learned counsel for the local body concerned submits that the District
                                    Magistrate is the competent authority in the matter and hence he may be
                                    directed by this Court to decide the representation of the petitioner for the
                                    grant Ferry license.

                                    In view of the above, this petition stands disposed of with a direction that
                                    respondent no. 2 shall consider the grievance of the petitioner raised in his
                                    representation 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 21, 2026
                                    IrfanUddin




Digitally signed by :-
IRFAN UDDIN SIDDIKI
High Court of Judicature at Allahabad


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