Allahabad High Court
SMT. KRISHNA SHARMAversusSTATE OF U.P. AND 3 OTHERS
- Decided
Holding
The Court directed Respondent No.3 to consider and decide the petitioner’s objection within two months and stayed any coercive action, without granting the writ of certiorari or mandamus.
Summary
Petitioner Smt. Krishna Sharma filed a writ petition under Article 226 seeking a certiorari to quash a notice dated 11‑06‑2026 issued by Respondent No.3 and a mandamus directing Respondents No.3 and No.4 not to impede her peaceful possession of the land. The petitioner had replied to the notice on 27‑08‑2026, but the reply had not been considered. Respondent No.4 expressed no objection if Respondent No.3 disposed of the matter after duly considering the petitioner’s objection and providing a hearing. The Court ordered Respondent No.3 to consider and decide the petitioner’s objection within two months of the certified copy of the order and stayed any coercive action against the petitioner pending such decision. The petition was therefore disposed with these directions.
Issues considered
- Whether the High Court should quash the notice dated 11‑06‑2026 issued by Respondent No.3.
- Whether a mandamus directing Respondents No.3 and No.4 to refrain from hindering the petitioner’s peaceful possession is warranted.
- Whether the petitioner’s objection to the notice must be considered and decided in accordance with law and after a hearing.
Subjects
- Article 226
- writ petition
- certiorari
- mandamus
- peaceful possession
- notice
- hearing
- High Court
- Uttar Pradesh
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
WRIT - C No. - 38603 of 2026
Smt. Krishna Sharma
.....Petitioner(s)
Versus
State Of U.P. And 3 Others
.....Respondent(s)
Counsel for Petitioner(s) : Vishnu Kant Tiwari
Counsel for Respondent(s) : C.S.C., Vibhu Rai
Court No. - 1
HON'BLE AJIT KUMAR, J.
HON'BLE GARIMA PRASHAD, J.
1. Heard learned counsel for the petitioner, Sri L.K. Dwivedi, learned
counsel appearing for respondent no. 4, learned Standing Counsel for the
State and perused the record.
2. By means of present petition filed under Article 226 of the
Constitution, petitioner has prayed for following relief:
"(1) Issue a writ order or direction in the nature of certiorari quashing the impugned
order dated respondent no.3. 11.06.2026 issued by respondent no.3.
(11) Issue nature writ order or a of direction in the mandamus directing the
respondent no.3 and 4 not to create any hindrance in the peaceful possession of the
petitioner upon the land in question on the basis of notice dated 11.06.2026."
3. From a perusal of the record, it transpires that the petitioner has already
submitted a reply to the notice on 27.08.2026, which has not been
considered and decided till date.
4. Learned counsel appearing for respondent no. 4 submits that he has no
objection in the event the respondent no. 3 is directed to dispose of the
matter of notice after taking into consideration the objection filed by the
petitioner, strictly in accordance with law and giving opportunity of
hearing to all concerned.
5. In view of the above, the present petition stands disposed of with a
direction to respondent no. 3 to consider and decide the objection of the
WRIC No. 38603 of 2026
2
petitioner strictly in accordance with law, within a period of two months
from the date of production of a certified copy of this order.
6. Until such decision is taken, no coercive action shall be taken against
the petitioner pursuant to the notice.
(Garima Prashad,J.) (Ajit Kumar,J.)
September 24, 2026
Sachin Mishra
Digitally signed by :-
SACHIN MISHRA
High Court of Judicature at Allahabad
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