Allahabad High Court
GOVIND BALLABH GAUTAMversusCHIEF SECRETARY P.W.D. DEPARTMENT U.P. LUCKNOW AND 3 OTHERS
- 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
Petitioner Govind Ballabh Gautam filed a writ petition under Article 226 seeking a mandamus directing the respondents to return his earnest money deposit of Rs 5,75,000 with 12% interest and costs. He had earlier filed an application/representation on 28 July 2026 which remained pending. The respondent’s standing counsel expressed no objection to a direction for the second respondent to decide the pending application in accordance with law. The Court, after hearing, declined to grant the mandamus and instead ordered the second respondent to decide the pending representation within two months of the certified copy of the order. Consequently, the petition was disposed with the said direction.
Issues considered
- What relief, if any, can be granted under Article 226 for the return of earnest money deposit?
- Whether the Court can direct a government department to decide a pending application/representation expeditiously.
Subjects
- Article 226
- Writ of Mandamus
- Earnest Money Deposit
- Pending Representation
- High Court of Allahabad
- Public Works Department
- Direction
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
WRIT - C No. - 37115 of 2026
Govind Ballabh Gautam
.....Petitioner(s)
Versus
Chief Secretary P.W.D. Department U.P. Lucknow
And 3 Others .....Respondent(s)
Counsel for Petitioner(s) : Chaudhary Subhash Kumar
Counsel for Respondent(s) : C.S.C.
Court No. - 1
HON'BLE AJIT KUMAR, J.
HON'BLE GARIMA PRASHAD, J.
1. Heard Sri Chaudhary Subhash Kumar, learned counsel for the
petitioner and learned Standing Counsel for the State respondents.
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
respondents concerned to return the amount of earnest money deposit for Rs. Five
Lakhs Seventy five thousand with interest 12% per annum from the date of deposit till
the date of payment and special cost of Rs.25,000/- Twenty five thousand also be
imposed and be paid to the petitioner."
3. From the perusal of the records, it transpires that in above regard
petitioner has already moved an application/ representation dated 28th
July, 2026 which has remained pending consideration till date.
4. Learned Standing Counsel states that he does not have any objection in
the event a direction is issued to the respondent No.- 2 to decide the
pending representation of the 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 28th July, 2026 strictly in
accordance with law as expeditiously as possible preferably within a
WRIC No. 37115 of 2026
2
period of two months from the date of presentation of certified copy of
this order.
(Garima Prashad,J.) (Ajit Kumar,J.)
September 30, 2026
Atmesh
Digitally signed by :-
ATMESH KESARI
High Court of Judicature at Allahabad
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