Allahabad High Court
YATENDRA KUMAR JAISWAL AND ANOTHERversusSTATE OF U.P. AND 3 OTHERS
- Decided
Holding
The Court directed the Collector, Chandauli to decide the petitioners' representation within four weeks, without adjudicating the merits of the case.
Summary
Petitioners Yatendra Kumar Jaiswal and another filed a writ petition seeking a mandamus directing the State of Uttar Pradesh and other respondents not to install an electricity transformer on the gate of their residence and to compel the Collector, Chandauli (respondent No. 2) to decide a representation filed on 03‑12‑2025 within a short period. The petitioners alleged that their representation had not been acted upon. The respondents raised no objection to the direction for a time‑bound decision. The Court, without adjudicating the merits of the transformer installation, ordered the Collector to decide the representation within four weeks of receiving the certified copy of the order, after obtaining any objection from respondent No. 4. The Court clarified that it was not passing any substantive order on the merits.
Issues considered
- Whether the High Court can issue a mandamus directing an administrative authority to decide a representation within a stipulated time.
- Whether the Court can restrain the installation of an electricity transformer on the petitioners' property.
Subjects
- mandamus
- writ petition
- administrative law
- representation
- electricity transformer
- delay in decision
- High Court
- Uttar Pradesh
- public utility
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
WRIT - C No. - 45664 of 2025
Yatendra Kumar Jaiswal And Another
.....Petitioner(s)
Versus
State Of U.P. And 3 Others
.....Respondent(s)
Counsel for Petitioner(s) : Harish Kumar Srivastava, Kumar Ankit
Srivastava
Counsel for Respondent(s) : Udit Chandra, C.S.C.
Court No. - 4
HON'BLE NEERAJ TIWARI, J.
HON'BLE SUDHANSHU CHAUHAN, J.
1. Heard learned counsel for the petitioners, learned standing counsel for
state- respondents and Sri Udit Chandra, learned counsel for respondent
nos. 3 & 4.
2. Present petition has been filed seeking following relief:-
"I). Issue a writ, order or direction in the nature of mandamus
commanding the respondents not to install the Electricity Transformer on
the gate/ entrance of the residential house/ property of the petitioners and
also writ of mandamus directing the respondent no. 2 to 4 to decide the
representation /objection dated 03.12.2025 of the petitioners within the
very short period of time."
3. Learned counsel for the petitioners submitted that for redressal of
grievance, petitioners have filed representation dated 03.12.2025 before
respondent No. 2, but till date no decision has been taken. Lastly, it is
submitted that a direction may be issued to respondent No. 2 to decide the
aforesaid representation within a stipulated time, for which learned
counsels for the respondents have no objection.
4. In view of the facts and circumstances of the case, the writ petition is
disposed of directing respondent No. 2- Collector Chandauli, District
Chandauli to decide the representation of the petitioner dated 03.12.2025
in accordance with law maximum within period of four weeks from the
WRIC No. 45664 of 2025
2
date of submission of certified copy of this order after obtaining objection
from respondent no. 4 also.
5. It is made clear that this Court has not adjudicated the case on merits. It
is upon respondent No. 2 to pass order after considering the relevant
Rules as well as facts of the case.
(Sudhanshu Chauhan,J.) (Neeraj Tiwari,J.)
May 7, 2026
Arvind
Digitally signed by :-
ARVIND KUMAR GUPTA
High Court of Judicature at Allahabad
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