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Allahabad High Court

AZAHRUDDINversusSTATE OF U.P. AND 4 OTHERS

Decided

Holding

The petition is disposed of with a direction to respondent No. 2 to consider the petitioner’s grievance and decide within two months.

Summary

The petitioner, Azahruddin, filed a writ petition under Article 226 of the Constitution seeking mandamus to prevent illegal detention and harassment of himself and his family, and to restrain certain respondents from taking coercive action against others. The petitioner had previously submitted a representation to one of the respondents on 07‑09‑2026, which remained pending. The standing counsel for the respondents expressed no objection to disposing of the petition provided the concerned respondent was directed to consider the grievance. The Court, after hearing counsel, disposed of the petition, directing respondent No. 2 to examine the petitioner’s representation and decide the matter within two months of receiving a certified copy of the order. No substantive merits of the alleged illegal detention were adjudicated; the relief was limited to procedural direction for consideration of the grievance.

Issues considered

  • Whether a writ petition under Article 226 seeking mandamus to prevent alleged illegal detention and harassment is maintainable.
  • Whether the High Court can direct a respondent to consider a pending representation and decide within a specified time.

Subjects

  • Article 226
  • writ of mandamus
  • illegal detention
  • harassment
  • high court
  • petition disposal
  • administrative law

Judgment

                                                    HIGH COURT OF JUDICATURE AT ALLAHABAD

                                                                WRIT - C No. - 38506 of 2026

                                    Azahruddin
                                                                                                            .....Petitioner(s)
                                                                            Versus
                                    State Of U.P. And 4 Others
                                                                                                          .....Respondent(s)

                                    Counsel for Petitioner(s)                                       :     Yakub Ali
                                    Counsel for Respondent(s)                                       :     C.S.C.

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

                                    Heard learned counsel for the petitioner as well as learned Standing Counsel.

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

                                    "i) Issue a writ, order or direction in the nature of mandamus directing the
                                    respondents not to illegally detain or harass the petitioner as well as member of the
                                    family of the petitioner'

                                    ii) Issue a writ or direction in the nature of mandamus directing the respondents no. 2
                                    take coercive action against respondent no. 4 and 5.."

                                    It appears from the records that the petitioner has already represented the matter to the
                                    respondent no. 3 vide representation dated 07.09.2026 which is still pending
                                    consideration.

                                    Learned Standing Counsel submits that he has no objection in the event this petition
                                    stands disposed of with a direction to the respondent no. 2 to look into and consider
                                    the grievance of the petitioner and pass appropriate order strictly in accordance with
                                    law.

                                    In view of the above, this petition stands disposed of with a direction that respondent
                                    no. 2 to consider the grievance of the petitioner raised in his representation and decide
                                    the same within a period of two months from the date of receipt of certified copy of
                                    this order.



                                    September 30, 2026
                                    Sanjeev
                                                                                  (Garima Prashad,J.) (Ajit Kumar,J.)




Digitally signed by :-
SANJEEV RANJAN
High Court of Judicature at Allahabad


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