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Allahabad High Court

NIRMLA DEVIversusSTATE OF U.P. AND ANOTHER

Decided

Holding

The Court directed the authority to consider the petitioner's grievance and pass a reasoned order within two months, thereby granting the relief sought.

Summary

Petitioner Nirmla Devi filed a writ petition under Article 226 seeking a mandamus directing the second respondent, a government authority, to consider her pending application dated 24-08-2026 within a short 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, after hearing counsel, directed that the authority must consider the grievance and pass a reasoned order within two months of receiving the certified copy of the judgment. No substantive discussion on merits was required as the relief sought was procedural. The petition was therefore disposed of with the specified direction.

Issues considered

  • Whether the High Court can, under Article 226, issue a mandamus directing a government authority to consider an application within a stipulated time.

Subjects

  • Article 226
  • mandamus
  • writ petition
  • administrative direction
  • procedural relief
  • High Court

Judgment

         HIGH COURT OF JUDICATURE AT ALLAHABAD

                           WRIT - C No. - 38642 of 2026

Nirmla 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
                                                                                         WRIC No. 38642 of 2026
                                                                  2


                                    that authority concerned shall consider the grievance of the petitioner
                                    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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