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2025 DAILYLAW 194074 (ALL)

CHANDRA BHAN RAM AND 4 OTHERS v. UP STATE LEGAL SERVICES AUHORITY AND 3 OTHERS

WRIC/37901/2019 · 2025-10-06

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Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD WRIT - C No. - 37901 of 2019 Court No. - 2 HON'BLE PRAKASH PADIA, J. HON'BLE VIVEK SARAN, J. 1. Heard Sri Ashvanee Kumar Srivastava, learned Advocate holding brief of Sri Yogesh Narayan Dubey, learned counsel for the petitioner and Sri Saransh Srivastava, learned Advocate holding brief of Sri Ashish Mishra, learned counsel for the respondents. 2. Pleadings have already been exchanged between the parties. 3. By means of this petition filed under Article 226 of Constitution of India, the petitioner has prayed for following relief: "(a) Issue, a writ order or direction in the nature of mandamus and direct the respondent DJ/Chairman Azamgarh and the UP State Legal Services Authority Lucknow to ensure payment of allotted Honorarium at the rate of Rs.1000/- per successful mediation conducted by petitioners total 352 in numbers with in a specified time frame." 4. Learned counsel for the petitioners submits that the petitioners were appointed as mediators for district Azamgarh by Executive Chairman, U.P. State Legal Services Authority, Lucknow vide order dated 19.08.2014. It is further submitted that they have conducted 393 successful mediation between period 01.01.2018 and 31.12.2018 in respect of which a sum of Rs.3,93,000/- was due to be paid to them but they were paid only Rs.15,000/-. It is next submitted that with regard to the same, petitioners made representations before the competent respondent authority on 03.04.2019 and 24.05.2019 and the same are pending consideration till date. 5. Learned counsel for the respondent no.2 has stated in his counter affidavit that as per his instructions from the authority honorarium is liable to be paid only for successful mediation and as per paragraph 4 Versus Counsel for Petitioner(s) : Indra Deo Yadav, Yashpal Yadav, Yogesh Narayan Dubey Counsel for Respondent(s) : , Ashish Mishra, C.S.C., Shri Anil Babu Shukla Chandra Bhan Ram And 4 Others .....Petitioner(s) Up State Legal Services Auhority And 3 Others .....Respondent(s) of the counter affidavit only 30 mediations have been successully conducted by the petitioners and therefore, claim of the petitioners is not liable to be allowed. In the counter affidavit, it has been admitted that some amount is due to the petitioners and the same has not been paid for the reason that account details have not been provided by the petitioners to the respective respondents. 6. With the consent of the parties, the petition is disposed of granting liberty to the petitioners to submit their individual distinct representations alongwith certified copy of this order and containing details of their mediations conducted within a period of four weeks from today. In the event such representations are filed, respondent no.2 shall decide the same within a further period of four weeks in accordance with law and if the claim of the petitioners are found to be rightful and genuine, respondent no.2 shall make the payment to the petitioners within a further period of four weeks. 7. No order as to costs. October 7, 2025 Deepika WRIC No. 37901 of 2019 2 (Vivek Saran,J.) (Prakash Padia,J.) Digitally signed by :- DEEPIKA SINGH High Court of Judicature at Allahabad Digitally signed by :- DEEPIKA SINGH High Court of Judicature at Allahabad