Jokhu Prasad vs State of Up and 4 Others — Writ and Judicial Review | Allahabad HC (2025)

Jokhu Prasad vs State of Up and 4 Others — Writ and Judicial Review | Allahabad HC (2025)

What the court decided

AI extract

Outcome

Writ petition disposed of; petitioner permitted to file a detailed representation for release of the payment allegedly due from respondent nos.3 & 4 before the District Magistrate, Gorakhpur within one month, with the DM to decide strictly in accordance with law after due notice and opportunity of hearing within two months; presence of respondent nos. 3-5 exempted. Direct mandamus for the dues with interest (prayer i) was not granted; the dues question was held to be one of fact beyond Article 226.

Issue for consideration

Whether a writ of mandamus should be issued commanding the respondents' authorities to release the admitted amounts for diesel and petrol supplied by the petitioner pending from 2019 to August 2023 onwards, along with interest payable under law. +1 more

Ratio / Principle

The question whether any amount is due to the petitioner for the supply of petrol & diesel to respondent nos.3 & 4 is a question of fact which cannot be decided by this Court in exercise of power under Article 226 of the Constitution of India.

Key takeaways

The writ petition is disposed of permitting the petitioner to file a detailed representation for release of the payment he considers due from respondent nos.3 & 4 before the respondent no.2-District Magistrate, Gorakhpur within one month; the DM shall pass an appropriate order strictly in accordance with law after giving due notice and opportunity of hearing within two months of receiving the representation.ratio¶24
The presence of respondent nos. 3-5 (SDM, Tehsildar and Naib Tehsildar, Tehsil Khajni, District Gorakhpur) before the Court is exempted.obiter¶25

Detailed headnote1 paragraphs

WRIT-C No. 33856 of 2024, High Court of Judicature at Allahabad, decided 10.11.2025 before Saral Srivastava, J. and Sudhanshu Chauhan, J. Petitioner Jokhu Prasad sought a writ of mandamus for release of admitted dues with interest for petrol and diesel supplied at the direction of respondent nos. 3 & 4 (SDM and Tehsildar, Tehsil Khajni, District Gorakhpur), pending from 2019 to August 2023 onwards; claimed dues Rs.28,54,441.83/- with partial payments totalling Rs.19,24,459/- per counsel, while a compliance affidavit of SDM Rajesh Pratap Singh asserted Rs.41,95,429/- already paid and nothing due. Holding: whether any amount is due is a question of fact which cannot be decided by this Court under Article 226 of the Constitution of India. Disposition: petition disposed of permitting a detailed representation for release of payment before the respondent no.2-District Magistrate, Gorakhpur within one month, to be decided strictly in accordance with law after due notice and opportunity of hearing within two months; presence of respondent nos. 3-5 exempted.

HIGH COURT OF JUDICATURE AT ALLAHABAD

WRIT - C No. - 33856 of 2024

Jokhu Prasad

.....Petitioner(s)

Versus

State Of Up And 4 Others

.....Respondent(s)

Counsel for Petitioner(s) : Shashi Kant Dwivedi Counsel for Respondent(s) : C.S.C.

Court No. - 40

HON'BLE SARAL SRIVASTAVA, J. HON'BLE SUDHANSHU CHAUHAN, J.

Heard learned counsel for the petitioner and Sri Indra Bhan Singh, learned Standing Counsel for the State-respondents.

The petitioner by means of the present writ petition has prayed for the following relief:-

"i. Issue a writ, order or direction in the nature of mandamus commanding and directing the respondents authorities to release the admitted amounts regarding diesel and petrol supplied by the petitioner which is pending from 2019 to August 2023 onwards and along with interest payable under law forthwith or within stipulated period as fixed by this Hon'ble Court.

ii. Issue any other suitable writ, order or direction which this Hon'ble Court deem fit and proper in the circumstances of the case.

iii. Award the cost of the petition to the petitioner."

Pursuant to the order of this Court dated 30.10.2025, respondent no.3-Sub Divisional Magistrate, Tehsil Khajni, District Gorakhpur, respondent no.4Tehsildar, Tehsil Khajni, District Gorakhpur and respondent no.5-Naib Tehsildar, Tehsil Khajni, District Gorakhpur are present before the Court, who have been duly identified by Sri Indra Bhan Singh, learned Standing Counsel.

The grievance of the petitioner is that on the direction of respondent nos.3 & 4, petitioner has supplied petrol & diesel to respondent nos.3 & 4, and despite supply of the same, petitioner has not been paid the price of supply

WRIC No. 33856 of 2024

2

of petrol and diesel.

Learned counsel for the petitioner states that total amount due to the petitioner was Rs.28,54,441.83/- out of which, Rs.11,03,328/- has been paid on 05.10.2024 and Rs.8,21,131/- has been paid on 03.04.2025, total amounting to Rs.19,24,459/-.

In compliance of the order passed by this Court, a personal affidavit of Rajesh Pratap Singh, Sub Divisional Magistrate, Tehsil Khajni, District Gorakhpur has been filed in which it is stated that the petitioner has already been paid Rs.41,95,429/-, and no amount is due to the petitioner.

The question as to whether any amount is due to the petitioner or not for the supply of petrol & diesel to respondent nos.3 & 4 is a question of fact which cannot be decided by this Court in exercise of power under Article 226 of the Constitution of India.

Therefore, in such view of the fact, we dispose off the writ petition permitting the petitioner to file a detailed representation for release of payment which according to him is due from respondent nos.3 & 4 before the respondent no.2-District Magistrate, Gorakhpur, District Gorakhpur within a period of one month from today. In case, any such representation is filed by the petitioner, the respondent no.2 shall pass an appropriate order on the representation of the petitioner strictly in accordance with law after giving due notice and opportunity of hearing to petitioner within a period of two months from the date he receives the representation of the petitioner.

The presence of respondent no.3-Sub Divisional Magistrate, Tehsil Khajni, District Gorakhpur, respondent no.4-Tehsildar, Tehsil Khajni, District Gorakhpur and respondent no.5-Naib Tehsildar, Tehsil Khajni, District Gorakhpur is hereby exempted.

November 10, 2025 Sattyarth

(Sudhanshu Chauhan,J.) (Saral Srivastava,J.)

Digitally signed by :- SATTYARTH ANAND High Court of Judicature at Allahabad