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Allahabad High Court

PREMILA YADAVversusSTATE OF U.P. AND 9 OTHERS

Decided

Holding

A writ petition for the mere decision of a non‑statutory representation is not maintainable under Article 226.

Summary

Premila Yadav filed a writ petition under Article 226 of the Constitution seeking a mandamus directing the District Magistrate of Azamgarh to act on a representation dated 31 July 2026. The Court examined whether a petition for the mere decision of a non‑statutory representation is maintainable. It held that such a petition does not fall within the ambit of Article 226. Consequently, the petition was dismissed as not maintainable, with liberty granted to the petitioner to file a fresh, appropriately framed petition. The order was pronounced by Judges J.J. Munir and Indrajeet Shukla on 16 September 2026.

Issues considered

  • Whether a writ petition under Article 226 is maintainable for seeking mandamus to compel a district magistrate to decide a non‑statutory representation.

Legislation cited

Subjects

  • writ petition
  • mandamus
  • Article 226
  • non‑statutory representation
  • maintainability
  • district magistrate

Judgment

                                             HIGH COURT OF JUDICATURE AT ALLAHABAD
                                                            WRIT - C No. - 37289 of 2026

                                    Premila Yadav
                                                                                                .....Petitioner(s)
                                                                      Versus

                                    State Of U.P. And 9 Others
                                                                                             .....Respondent(s)

                                    Counsel for Petitioner(s)      : Anurag Upadhyaya, Rajesh Kumar Roy
                                                                     Sharma
                                    Counsel for Respondent(s)      : C.S.C.

                                    Court No. - 2
                                                     HON'BLE J.J. MUNIR, J.
                                                     HON'BLE INDRAJEET SHUKLA, J.

                                    The sole prayer in this petition is that we should issue a mandamus to the
                                    District Magistrate, Azamgarh to pass appropriate orders on the
                                    representation of the petitioner dated 31.07.2026 annexed as Annexure 1
                                    to the petition.

                                    This Court in exercise of our powers under Article 226 of the Constitution
                                    of India, does not recommend cases of one litigant to the other for
                                    favourable consideration unless the petitioner seeks some substantive
                                    relief from this Court.

                                    We are of clear opinion that a writ petition for the mere decision of a non-
                                    statutory representation is not maintainable.

                                    We, accordingly, dismiss this petition as not maintainable with liberty to
                                    the petitioner to file a fresh petition on the same cause of action
                                    appropriately framed for such relief as advised.



                                                                        (Indrajeet Shukla,J.) (J.J. Munir,J.)
                                    September 16, 2026
                                    S.P.




Digitally signed by :-
SANJAY PURI
High Court of Judicature at Allahabad


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