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Allahabad High Court

VIKRAM PRATAP SINGHversusSTATE OF U.P. AND OTHERS

Decided

Holding

The Court disposed of the petition, refusing to grant mandamus and directing the petitioner to make a fresh representation before respondent No.3.

Summary

The petitioner, Vikram Pratap Singh, filed a writ petition seeking a mandamus directing the State of U.P. and others to return Rs.29,42,500 as security deposit and Rs.1,17,700 as stamp paper with 18% interest. The petition had been pending for over 16 years and the State failed to file a counter‑affidavit. The petitioner claimed to have made a representation on 26‑07‑2010, but no decision was taken by the respondents. The Court, noting the inordinate delay and the absence of a counter‑affidavit, declined to issue the writ and instead ordered the petitioner to file a fresh representation before respondent No.3 within two weeks, to be decided within six weeks. The petition was therefore disposed without granting the relief sought.

Issues considered

  • Whether the Court should issue a writ of mandamus directing the return of the security deposit and stamp paper amount with interest.
  • Whether the petition should be dismissed on account of procedural delay and the State's failure to file a counter‑affidavit.

Subjects

  • writ petition
  • mandamus
  • security deposit
  • stamp paper
  • representation
  • procedural delay
  • High Court

Judgment

                                               HIGH COURT OF JUDICATURE AT ALLAHABAD
                                                                WRIT - C No. - 63133 of 2010

                                    Vikram Pratap Singh
                                                                                                          .....Petitioner(s)
                                                                            Versus
                                    State of U.P. and Others
                                                                                                        .....Respondent(s)

                                    Counsel for Petitioner(s)               :     D.S.Parmar, J.P. Singh, L.M. Singh
                                    Counsel for Respondent(s)               :     C.S.C., R.K.Pandey, Sant Ram Sharma

                                    Court No. - 5
                                                           HON'BLE PRAKASH PADIA, J.
                                                           HON'BLE INDRAJEET SHUKLA, J.

                                    1. Heard learned Counsel for the parties.

                                    2. Present writ petition has been preferred inter-alia seeking following
                                    relief:-

                                           "Issue a writ order or directions in the nature of mandamus commanding
                                           the respondents to return the entire amount of Rs.29,42,500=00 towards
                                           Security Deposit and Rs.1,17,700=00 towards Stamp Paper, to the
                                           petitioner along with 18% interest."

                                    3. Despite time granted, no counter affidavit has been filed by the State.
                                    The matter is pending from last more than 16 years..

                                    4. It is argued by learned counsel for the petitioner that the petitioner has
                                    filed a representation before the respondents on 26.07.2010 but no
                                    decision has been taken by the authorities concerned on the said
                                    representation.

                                    5. In such view of the matter, in the interest of justice the present writ
                                    petition is disposed of permitting the petitioner to file a fresh
                                    representation before the respondent no.3 ventilating his grievance within
                                    next two weeks, which shall be decided by respondent no.3 strictly in
                                    accordance with law within a further period of six weeks.



                                                                         (Indrajeet Shukla,J.) (Prakash Padia,J.)
                                    September 9, 2026
                                    S.P.




Digitally signed by :-
SANJAY PURI
High Court of Judicature at Allahabad


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