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Allahabad High Court

HIRA SINGH RAWAT AND 48 OTHERSversusSTATE OF U.P. AND 3 OTHERS

Decided

Holding

The writ petition was disposed of without merits, and the petitioners' representation was ordered to be decided within three months.

Summary

The petitioners, Hira Singh Rawat and 48 others, filed a writ petition seeking a mandamus directing the respondents to execute a sublease deed for flats in Greater Noida and to decide a representation dated 27.07.2026 within a stipulated time. They also sought costs and any other appropriate relief. The petitioners limited their prayer to a direction for timely consideration of their representation, relying on a prior Division Bench judgment. The Court observed that keeping the petition pending would serve no useful purpose. With the parties' consent, the Court disposed of the petition without addressing the merits, directing that the representation be decided expeditiously, preferably within three months of the order. No costs were awarded, and the petition was dismissed with the observation regarding the representation.

Issues considered

  • What is the appropriate remedy, if any, for the petitioners' demand that the respondents execute the sublease deed?
  • Whether the High Court should entertain a writ of mandamus directing the respondents to decide the petitioners' representation within a specified time.

Subjects

  • mandamus
  • sublease deed
  • writ petition
  • representation
  • disposal
  • High Court

Judgment

         HIGH COURT OF JUDICATURE AT ALLAHABAD
                           WRIT - C No. - 37372 of 2026

Hira Singh Rawat And 48 Others
                                                                        .....Petitioner(s)
                                         Versus

State Of U.P. And 3 Others
                                                                   .....Respondent(s)

Counsel for Petitioner(s)                :   Lalit Kumar Misra
Counsel for Respondent(s)                :   C.S.C., Kaushalendra Nath Singh

Court No. - 29
                  HON'BLE SIDDHARTHA VARMA, J.
                  HON'BLE KUNAL RAVI SINGH, J.




1. Heard Shri Lalit Kumar Misra, learned counsel for the petitioners, Shri
Kaushalendra Nath Singh, learned counsel for the Greater Noida
Industrial Development Authority and learned Additional Chief Standing
Counsel for State-respondents.

2. The instant writ petition has been preferred inter alia for the following
relief:

     "(a) Issue a writ, order or direction in the nature of mandamus directing
     the respondents (especially Respondent No. 2 and 4) to execute sublease
     deed of flats of Aims Green, Avenue GH-04, Sector-04, Greater Noida
     West, Gautam Budh Nagar for Phase-1 ABCD Towers in favour of the
     petitioners/allottee (s) within specified by this Hon'ble Court.

     (b) Issue a writ, order or direction in the nature of Mandamus directing
     the respondents (especially respondent no.2) to take appropriate decision
     upon the representations of the petitioners dated 27.07.2026 (Annexure
     No. 4) within time bound manner.

     (c) Issue any other writ which this Hon'ble Court may deem fit and proper
     in the circumstances of the case.

     (d) Award the Cost of writ petition in favour of the petitioners."
                                                                                           WRIC No. 37372 of 2026
                                                                   2


                                    3. Learned counsel for the petitioners has confined his prayer for a
                                    direction to the respondents to decide the representation of the petitioners
                                    dated 27.07.2026 within the stipulated period. In support of his
                                    submission, he has placed reliance upon the judgment/order passed by the
                                    Division Bench in Writ-C No.58 of 2026, Deepak Kumar Dubey and 13
                                    others v. State of U.P. and 3 others.

                                    4. Considering the facts and circumstances, no useful purpose would be
                                    served in keeping the writ petition pending consideration.

                                    5. Accordingly, without expressing any opinion on the merits of the issue
                                    and with the consent of the parties, the writ petition stands disposed of
                                    with an observation that the representation moved by the petitioners
                                    dated 27.07.2026 shall be considered and decided in accordance with law
                                    expeditiously, preferably within a period of three months from the date of
                                    production of certified copy of this order.




                                                              (Kunal Ravi Singh,J.) (Siddhartha Varma,J.)
                                    September 17, 2026
                                    NLY




Digitally signed by :-
NAND LAL YADAV
High Court of Judicature at Allahabad


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