Kapil Dev Singh and 3 Others vs State of U.P. and 4 Others — Allahabad HC (2025) — LawSathi Research

Kapil Dev Singh and 3 Others vs State of U.P. and 4 Others — Allahabad HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Permission granted to the petitioners to file a fresh representation before respondent no.4 (District Inspector of Schools, Mirzapur) within 10 days, along with the writ petition and certified copy of the order; respondent no.4 directed to decide the representation in accordance with law, expeditiously, preferably within four weeks of receipt. The writ petition was disposed of with these directions/observations.

Issue for consideration

Whether Respondent No.3 should be directed, by writ of mandamus, to hold the election of the Committee of Management of the Institution within the stipulated time as earlier directed by this Court — raised as the sought relief but expressly not adjudicated, as the Court disposed of the petition without entering into merits. +1 more

Court's answer

Without entering into the merits of the case, the Court allowed the innocuous prayer of the petitioners, there being no objection from the learned standing counsel; accordingly, the substantive demand for a mandamus to hold the election was not adjudicated.

Ratio / Principle

The petitioners were directed to file a fresh representation, together with the present writ petition and a certified copy of this order, before respondent no.4, the District Inspector of Schools, Mirzapur, within 10 days.

Key takeaways

Upon receiving the said representation, respondent no.4 (District Inspector of Schools, Mirzapur) is directed to decide it in accordance with law, expeditiously, preferably within four weeks from the date of receipt.ratio¶12

Detailed headnote1 paragraphs

WRIT - C No. - 24297 of 2025 (High Court of Judicature at Allahabad; Hon'ble Chandra Dhari Singh, J.; Order Date 4.8.2025): Petition by Kapil Dev Singh and 3 others sought a writ of mandamus directing Respondent No.3 to hold the election of the Committee of Management of the Institution within the stipulated time as earlier directed by this Court. The Court, without entering into the merits and upon an innocuous prayer unopposed by the standing counsel, disposed of the petition: petitioners to file a fresh representation with the writ petition and certified copy of the order before respondent no.4, District Inspector of Schools, Mirzapur, within 10 days, and respondent no.4 to decide it in accordance with law, expeditiously, preferably within four weeks of receipt.

Neutral Citation No. - 2025:AHC:130328

Court No. - 32

Case :- WRIT - C No. - 24297 of 2025

Petitioner :- Kapil Dev Singh And 3 Others Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Vivek Kumar Singh Counsel for Respondent :- C.S.C.

Hon'ble Chandra Dhari Singh,J.

The instant writ petition has been filed seeking for the following relief:-

" (1) Issue a writ, order or direction in the nature of mandamus directing the Respondent No.3 to hold the election of the Committee of Management of the Institution, within the stipulated time as directed by this Hon'ble Court."

Learned counsel appearing on behalf of petitioners without entering into the merits of the case made innocuous prayer that he may be permitted to file fresh representation before respondent no.4 and a direction may be issued to him to decide the same in time bound manner.

Sri Santosh Kumar, learned standing counsel appearing on behalf of State-respondents vehemently opposed the petition on merit, but has not opposed the prayer as made by learned counsel appearing on behalf of the petitioner.

Heard learned counsel appearing on behalf of the petitioners and Sri Santosh Kumar, learned Standing Counsel and perused the contents made in the writ petition.

Without entering into merits of the case, I am inclined to allow the innocuous prayer made by learned counsel for the petitioners as no objection made by learned standing counsel. Petitioners are

directed to file a fresh representation along with the present writ petition and certified copy of this order before respondent no.4 District Inspector of Schools, Mirzapur within 10 days. After receiving the said representation, the respondent no.4 is directed to decide the said representation in accordance with law, expeditiously, preferably within a period of four weeks from the date of receipt of the said representation.

With the aforesaid directions/observations, the present writ petition is disposed of.

Order Date :- 4.8.2025/AKT

(Chandra Dhari Singh, J.)

Digitally signed by :- ASHOK KUMAR TRIPATHI High Court of Judicature at Allahabad