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Allahabad High Court

MADHU GUPTAversusSTATE OF U.P. AND 2 OTHERS

Decided

Holding

The Court held that it can issue a mandamus directing the District Magistrate to decide the pending application expeditiously.

Summary

Petitioner Madhu Gupta filed a writ petition under Article 226 of the Constitution seeking a mandamus directing the District Magistrate of Kaushambi to decide an application filed on 12 December 2020. The petition alleged undue delay in the adjudication of the application. The learned Standing Counsel for the State raised no objection to the issuance of such a direction. The Court examined whether it could exercise its supervisory jurisdiction to compel the administrative authority to act expeditiously. Relying on the principle that a writ of mandamus may be issued to enforce the performance of a public duty, the Court ordered the District Magistrate to decide the pending application within two months of the certified copy of the order. Consequently, the petition was disposed of with the said direction.

Issues considered

  • Whether a writ of mandamus can be issued under Article 226 to compel a District Magistrate to decide a pending application within a stipulated time.

Legislation cited

Subjects

  • Article 226
  • mandamus
  • writ jurisdiction
  • administrative delay
  • District Magistrate
  • expeditious decision

Judgment

                                              HIGH COURT OF JUDICATURE AT ALLAHABAD
                                                               WRIT - C No. - 37722 of 2026

                                    Madhu Gupta
                                                                                                     .....Petitioner(s)
                                                                            Versus

                                    State Of U.P. And 2 Others
                                                                                                   .....Respondent(s)

                                    Counsel for Petitioner(s)            : Anoop Kumar Nirmal, Rajesh Maurya
                                    Counsel for Respondent(s)            : C.S.C.

                                    Court No. - 1
                                                          HON'BLE AJIT KUMAR, J.
                                                          HON'BLE GARIMA PRASHAD, J.

                                    1. Heard learned counsel for the parties and perused the records

                                    2. By means of this petition filed under Article 226 of the Constitution,
                                    petitioner has prayed for following relief:

                                    "1. To issue a writ, order or direction in the nature of mandamus commanding the
                                    Respondent No.2/ District Magistrate, Kaushambi to decide the application/ claim of
                                    the petitioner filed on 12/12/2020 (Annexure No.5), pending before it expeditiously
                                    within a short period so stipulated by this Hon'ble Court."

                                    3. Learned Standing Counsel has no objection in the event a direction is
                                    issued to the respondent No.- 2 to decide the pending application of
                                    petitioner in accordance with law.

                                    4. In view of the above, this petition stands disposed of with a direction to
                                    the respondent No.- 2, namely District Magistrate, Kaushambi to consider
                                    and decide the pending application of the petitioner dated 12th December,
                                    2020 strictly in accordance with law as expeditiously as possible
                                    preferably within a period of two months from the date of presentation of
                                    certified copy of this order.



                                                                             (Garima Prashad,J.) (Ajit Kumar,J.)
                                    September 21, 2026
                                    Atmesh




Digitally signed by :-
ATMESH KESARI
High Court of Judicature at Allahabad


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