Allahabad High Court
MUNNILAL AND 4 OTHERSversusSTATE OF U.P. AND 3 OTHERS
- Decided
- Bench
- ROHIT RANJAN AGARWAL
Holding
The High Court directed the Motor Accident Claims Tribunal to decide the pending MACP within six months, without adjudicating the merits of the case.
Summary
The petitioners filed a writ petition seeking a mandamus directing the Motor Accident Claims Tribunal, Gorakhpur, to decide MACP No.447 of 2019 (Munnilal & others v. Udairaj & others) which had been pending since 2019. The petition argued that continued delay served no useful purpose and that the matter should be disposed of at the admission stage. The High Court, after considering the submission, ordered that the tribunal decide the pending case expeditiously, preferably within six months of the certified copy of the order, after hearing all parties, but clarified that it was not adjudicating the merits. Consequently, the writ petition was disposed of. The order emphasizes the court's power to direct lower tribunals to act promptly without deciding the substantive issues.
Issues considered
- What is the appropriate remedy when a Motor Accident Claims Tribunal unduly delays adjudication of a pending claim?
- Can the High Court issue a mandamus directing the tribunal to decide the case within a stipulated time without addressing the merits?
Subjects
- mandamus
- writ petition
- Motor Accident Claims Tribunal
- expeditious disposal
- jurisdiction
- pending case
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
WRIT - C No. - 39899 of 2026
Munnilal And 4 Others
.....Petitioner(s)
Versus
State Of U.P. And 3 Others
.....Respondent(s)
Counsel for Petitioner(s) : Rakesh Yadav
Counsel for Respondent(s) : C.S.C.
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 directing to the
respondent concern to decide the the M.A.C.P. No.447 of 2019 (Munnilal and others
VS. Udairaj and others), pending in the Court of respondent No.2 expeditiously within
some stipulated period as fixed by this Hon'ble Court."
2. It is contended by learned counsel for the petitioner that Motor Accident Claims
Petition is pending consideration since 2019 before Motor Accident Claims Tribunal,
Gorakhpur.
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.447 of 2019 (Munnilal and others Vs. Udairaj and others)
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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