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Allahabad High Court

RAJENDRA KUMAR SHUKLAversusRAKESH KUMAR AND ANOTHER

Decided

Holding

The Court directed the Motor Accident Claims Tribunal to decide the pending MACP No. 27 of 2023 within six months and disposed of the writ petition without adjudicating its merits.

Summary

The petitioner, Rajendra Kumar Shukla, filed a writ petition seeking a mandamus directing the Motor Accident Claims Tribunal (South), Kanpur Nagar to decide MACP No. 27 of 2023 expeditiously. The petitioner argued that the claim had been pending since 2023 without progress. The Court noted that no substantive hearing on merits was required and that the matter could be disposed of at the admission stage by directing the Tribunal to decide the pending case within six months of the order. Accordingly, the Court issued a direction to the Tribunal to hear all parties and render a decision within the stipulated period. The writ petition was then disposed of without any merits being adjudicated.

Issues considered

  • Whether the High Court can issue a writ of mandamus directing the Motor Accident Claims Tribunal to decide a pending claim expeditiously
  • Whether the writ petition is maintainable for the purpose of expediting the pending MACP

Subjects

  • mandamus
  • writ petition
  • Motor Accident Claims Tribunal
  • expeditious disposal
  • jurisdiction
  • High Court

Judgment

                                                    HIGH COURT OF JUDICATURE AT ALLAHABAD

                                                                WRIT - C No. - 39846 of 2026

                                    Rajendra Kumar Shukla
                                                                                                              .....Petitioner(s)
                                                                             Versus
                                    Rakesh Kumar And Another
                                                                                                            .....Respondent(s)

                                    Counsel for Petitioner(s)                              :    Vidya Kant Shukla
                                    Counsel for Respondent(s)                              :

                                    Court No. - 9
                                                        HON'BLE ROHIT RANJAN AGARWAL, J.

                                    1. This writ petition has been filed with the following prayer:-

                                    "I-Issue a writ order or direction in the nature of mandamus commanding the Motor
                                    Accident Claims Tribunal (South) Kanpur Nagar to decide the M.A.C.P. No. 27 of
                                    2023 (Sri Rajendra Kumar Shukla and another Vs. Rakesh Kumar and another)
                                    expeditiously."

                                    2. It is contended by learned counsel for the petitioner that Motor Accident Claims
                                    Petition is pending consideration since 2023 before Motor Accident Claims Tribunal
                                    (South), Kanpur Nagar.

                                    3. As no useful purpose would be served in keeping the matter pending, or calling for
                                    counter affidavit or issuing notice to the private respondents, the matter is being
                                    disposed of, at the admission stage, with a direction upon court concerned to decide
                                    the pending M.A.C.P. No. 27 of 2023 (Sri Rajendra Kumar Shukla and another Vs.
                                    Rakesh Kumar and another) after hearing all the concerned parties, strictly in
                                    accordance with law, expeditiously, preferably within a period of six months from the
                                    date of production of certified copy of this order.

                                    4. With the aforesaid direction, present writ petition stands disposed of.

                                    5. It is made clear that this Court has not adjudicated the case on merits.

                                    October 1, 2026
                                    A. V. Singh
                                                                                                (Rohit Ranjan Agarwal,J.)




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

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