Shivendra Mishra Vs State of U.P. and 18 Others — Allahabad HC (2025) — LawSathi Research

Shivendra Mishra Vs State of U.P. and 18 Others — Allahabad HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Writ petition disposed of with directions to respondent no. 2 (Commissioner, Gorakhpur Division, Gorakhpur) to decide the stay application dated 27.05.2024 within two weeks and thereafter the appeal (C202405000001009) within the next two months from production of certified copy of the order, in accordance with law, after hearing all affected parties; no adjudication on merits.

Issue for consideration

Whether a mandamus should issue directing the Additional Commissioner (Administration-III), Gorakhpur Division, Gorakhpur to decide Appeal No. C202405000001009 (Manvendra and others Versus Triyugi Narayan and others) within a time period stipulated by the Court. +1 more

Court's answer

Thereafter, the appeal (Appeal No. C202405000001009) is to be decided within a period of next two months from the date of production of certified copy of the order, in accordance with law, after hearing all affected parties.

Ratio / Principle

The writ petition is disposed of, without calling for counter affidavit, with a direction to respondent no. 2 (Commissioner, Gorakhpur Division, Gorakhpur) to decide the petitioner's stay application dated 27.05.2024 in Appeal No. C202405000001009 within two weeks from the date of the order.

Key takeaways

The Court expressly clarified that it has not adjudicated the matter on merits; the directions are confined to time-bound disposal of the stay application and the appeal.ratio¶19

Detailed headnote1 paragraphs

Writ - C No. 34598 of 2025 (Allahabad High Court, Court No. 33, Rohit Ranjan Agarwal J., October 6, 2025) - Petition by Shivendra Mishra seeking mandamus for timely decision of Appeal No. C202405000001009 (Manvendra and others Versus Triyugi Narayan and others) and of his stay application dated 27.05.2024, both pending before the Additional Commissioner (Administration-III), Gorakhpur Division, Gorakhpur. Held: as no useful purpose would be served in keeping the matter pending, the petition was disposed of without calling for counter affidavit; respondent no. 2 (Commissioner, Gorakhpur Division, Gorakhpur) was directed to decide the stay application dated 27.05.2024 within two weeks and thereafter the appeal within the next two months from the date of production of certified copy of the order, in accordance with law, after hearing all affected parties. The Court expressly stated that it had not adjudicated the matter on merits.

HIGH COURT OF JUDICATURE AT ALLAHABAD

WRIT - C No. - 34598 of 2025

Shivendra Mishra

.....Petitioner(s)

Versus

State Of U.P. And 18 Others

.....Respondent(s)

Counsel for Petitioner(s)	: Amaresh Sinha
Counsel for Respondent(s)	: C.S.C., Sudhir Bharti

Court No. - 33

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 the Additional Commissioner (Administration-III), Gorakhpur Division, Gorakhpur to decide the Appeal No. C202405000001009 (Manvendra and others Versus Triyugi Narayan and others) within the time period stipulated by this Hon'ble Court.

(ii) Issue a writ, order or direction in the nature of mandamus directing the Additional Commissioner (Administration III), Gorakhpur Division, Gorakhpur to decide the Stay Application dated 27.05.2024 filed by the petitioner in Appeal No. C202405000001009 (Manvendra and others Versus Triyugi Narayan and others) within the time period stipulated by this Hon'ble Court."

It is contended that a stay application is pending consideration in appeal before the respondent no. 2. The sole prayer made is for expeditious disposal of the stay application as well as appeal.

As no useful purpose would be served in keeping the matter pending, the writ petition is being disposed of, without calling for counter affidavit, with a direction to the respondent no. 2- Commissioner, Gorakhpur Division, Gorakhpur to decide the stay application dated 27.05.2024 filed by petitioner in Appeal No. C202405000001009 within a period of two weeks from today and thereafter, proceeds to decide the appeal within a period of next two months from the date of production of certified copy of this order, in accordance with law, after hearing all affected parties.

WRIC No. 34598 of 2025

2

With the aforesaid directions, writ petition stands disposed of .

It is made clear that this Court has not adjudicated the matter on merits.

(Rohit Ranjan Agarwal,J.)

October 6, 2025

A. V. Singh

Digitally signed by :- AJAY VIKRAM SINGH High Court of Judicature at Allahabad