Allahabad High Court
HUB LAL AND ANOTHERversusSTATE OF U.P. AND 2 OTHERS
- Decided
Holding
The petitioners must approach the Presiding Officer of the Motor Accident Claim Tribunal directly, and the writ petition is dismissed.
Summary
The petitioners, Hub Lal and another, filed a writ petition seeking a direction to the Presiding Officer of the Motor Accident Claim Tribunal, Sant Ravidas Nagar, to decide an application they had filed on 14 July 2026 in Execution Case No.70 of 2016. The Court examined whether the writ petition was the appropriate forum for such a direction. It held that the petitioners should first approach the concerned Presiding Officer of the Tribunal to obtain a decision on their application. Consequently, the Court dismissed the writ petition and ordered the Respondent No.2, the Presiding Officer, to pass an appropriate order on the application within three weeks, subject to no legal impediment. The petition was thus disposed of without any substantive adjudication on the merits of the application.
Issues considered
- What is the appropriate forum for seeking a direction to the Motor Accident Claim Tribunal to decide an application filed by the petitioners?
Subjects
- writ petition
- Motor Accident Claim Tribunal
- jurisdiction
- preliminary relief
- court procedure
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
WRIT - C No. - 37563 of 2026
Hub Lal And Another
.....Petitioner(s)
Versus
State Of U.P. And 2 Others
.....Respondent(s)
Counsel for Petitioner(s) : Nandani Patel, Satendra Kumar Singh,
Sr. Advocate
Counsel for Respondent(s) : C.S.C.
Court No. - 5
HON'BLE PRAKASH PADIA, J.
HON'BLE VIVEK SARAN, J.
1. The only prayer made by the counsel for the petitioners to direct the
Presiding Officer, Motor Accident Claim Tribunal, Sant Ravidas Nagar to
decide the application of the petitioners dated 14.07.2026 being paper
no.43ग, copy of which is appended as Annexure-2 to the writ petition.
2. It reveals from perusal of the record that the aforesaid application was
submitted by the petitioners in Execution Case No.70 of 2016 (Champa
Devi vs. Sunil Kumar).
3. In this view of the matter, the Court is of the opinion that in place of
approaching this Court, first of all the petitioners will approach the
concerned Presiding Officer of the Motor Accident Claim Tribunal, Sant
Ravidas Nagar to decide the aforesaid application.
4. In this view of the matter, the present writ petition is disposed of
finally directing the Respondent No.2 namely Presiding Officer, Motor
Accident Claims Tribunal, Sant Kabir Nagar to pass appropriate order on
the aforesaid application, expeditiously and preferably within a period of
three weeks from the date of presentation of certified copy of this order,
unless there is no legal impediment.
(Vivek Saran,J.) (Prakash Padia,J.)
September 18, 2026
Swati
Digitally signed by :-
SWATI PATHAK
High Court of Judicature at Allahabad
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