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
- Constitution of India — s. Article 226
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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