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Allahabad High Court

MANJU DEVIversusSTATE OF U.P. AND ANOTHER

Decided

Holding

The High Court exercised its Article 226 jurisdiction to direct the public authority to consider the petitioner’s pending application within two months and to pass a reasoned order.

Summary

The petitioner, Manju Devi, filed a writ petition under Article 226 of the Constitution seeking a mandamus directing the second respondent, a public authority, to consider her pending application dated 24-08-2026 within a short, fixed period. The petitioner alleged that the authority had not yet acted on her application. The State's standing counsel raised no objection to the petition being disposed of with a direction to the authority. The Court held that the writ jurisdiction under Article 226 is appropriate to compel a public authority to act on a pending application and ordered the authority to decide the grievance within two months, with a reasoned order. Consequently, the petition was disposed of with the specified direction.

Issues considered

  • What is the scope of Article 226 jurisdiction to issue a mandamus directing a public authority to consider a pending application?

Subjects

  • Article 226
  • mandamus
  • writ jurisdiction
  • public authority
  • administrative delay
  • Allahabad High Court

Judgment

         HIGH COURT OF JUDICATURE AT ALLAHABAD

                           WRIT - C No. - 38641 of 2026

Manju Devi
                                                                   .....Petitioner(s)


                                        Versus



State of U.P. and Another
                                                                 .....Respondent(s)

Counsel for Petitioner(s)           : Gyanedra Pratap           Singh,     Narendra
                                      Pratap Kushawaha
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 petitioner as well as learned Standing
Counsel for the State.

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

     "Issue and writ order or direction in the nature of mandamus
     commanding and directing the respondent no.2 to consider the
     application filed by the petitioner within short stipulated period as fixed
     by this Hon'ble Court in the interest of justice."

3. It appears from the records that the petitioner has already represented
the matter to the respondents authority vide application dated 24.08.2026
which is still pending consideration.

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

5. In view of the above, this petition stands disposed of with a direction
that authority concerned shall consider the grievance of the petitioner
                                                                                         WRIC No. 38641 of 2026
                                                                  2


                                    raised in her application and decide the same within a period of two
                                    months from the date of receipt of certified copy of this order.

                                    6. Needless to add that the order to be passed by the competent authority,
                                    as directed herein above, shall be reasoned and speaking one.



                                                                      (Garima Prashad,J.) (Ajit Kumar,J.)
                                    September 24, 2026
                                    Kuldeep




Digitally signed by :-
KULDEEP SINGH
High Court of Judicature at Allahabad


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