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2026 DAILYLAW 8392 (ALL)

SHASHANK MISHRA v. STATE OF U.P. AND 2 OTHERS

WRIA/15320/2026 · 2026-09-22

Dinesh Pathak

body2026

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD WRIT - A No. - 15320 of 2026 Court No. - 32 HON'BLE DINESH PATHAK, J. 1. Heard learned counsel for the parties and perused the record on board. 2. Instant writ petition has been filed by the petitioner seeking his transfer to District Ghaziabad or any other neighbouring district because of the pathetic medical condition of his wife. The relief, inter alia, sought for by the petitioner in the instant writ petition is reproduced hereinbelow:- "i. Issue a writ, order or direction in the nature of Mandamus commanding the the respondents to transfer the petitioner at District Ghaziabad or to a nearby district to District Ghaziabad in view of the peculiar facts and circumstances when his wife is suffering from serious ailment of Multiple sclerosis, which is a rare disease and occurs in one out of ten lakh people, by way of affirmative action to be taken within the stipulated period of time to be stipulated by this Hon'ble Court, in exercise of extraordinary jurisdiction under Article 226 of the Constitution of India." 3. Learned counsel for the petitioner submits that having considered the bad medical condition of the petitioner's wife and the documents related thereto, the Chief Engineer (Distribution), Prayagraj, has recommended the transfer of the petitioner in communication addressed to the Director (P & A), Purvanchal Vidyut Vitran Nigam Ltd. PO-DLW, Varanasi. Versus Counsel for Petitioner(s) : Rakesh Kumar Mishra, Saurabh Tripathi, Sharad Kumar Asthana, Sr. Advocate Counsel for Respondent(s) : Abhishek Srivastava, C.S.C. Shashank Mishra .....Petitioner(s) State Of U.P. And 2 Others .....Respondent(s) 4. Sri Abhishek Srivastava, learned counsel appearing for the Uttar Pradesh Power Corporation has contended that the grievance of the present petitioner raised in the instant writ petition can be more appropriately redressed by the Chairman of UP Power Corporation Ltd. (respondent No. 2), and he has no objection, in case, a direction is issued for expeditious disposal of a fresh representation to be moved by the petitioner within such stipulated period as may be directed by this Court. 5. In this conspectus, as above, no useful purpose would be served by keeping this matter pending. Therefore, this Court deems it appropriate to finally dispose of the present writ petition, without making any observation on the merits of the case, with liberty to the petitioner to move a fresh representation before the Chairman of UP Power Corporation Ltd. (respondent No. 2), to ventilate his grievance, as averred in the present writ petition, within a period of one week from today, along with a certified copy of this order and a self attested copy of the present writ petition, and, in turn, he shall sympatrically consider and decide the same in accordance with law expeditiously, preferably, within a period of five weeks from the date of production of such representation. 6. With the aforesaid observation, present writ petition is disposed of. September 23, 2026 vinay WRIA No. 15320 of 2026 2 (Dinesh Pathak,J.) Digitally signed by :- VINAY KUMAR High Court of Judicature at Allahabad