Court No. 39 dismissed a writ petition. The petitioner sought a direction to decide a representation. The court held that without a statutory rule or obligation, no such direction could be issued. The petition was accordingly dismissed.
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Court No. - 39
Case :- WRIT - A No. - 19842 of 2018
Petitioner :- Praveen Kumar Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Anil Kumar Pandey Counsel for Respondent :- C.S.C.,Anadi Krishna Narayana
Hon'ble B. Amit Sthalekar,J. Hon'ble Jayant Banerji,J.
Heard Shri Anil Kumar Pandey for the petitioner, learned Standing Counsel for the respondent nos.1 and 2 and Shri Anadi Krishna Narayana for the respondent nos.3 and 4.
The petitioner in the writ petition is seeking the following main relief:-
"(i) issue a writ order or direction in the nature of mandamus directing the respondent no.3 to decide the representation of the petitioner in view of the office memorandum dated 15.06.2018 within stipulated period as fixed by this Hon'ble Court."
Learned counsel for the petitioner has not been able to show that the representation which the petitioner wants to be decided is a statutory representation. In the absence of any rule providing for filing of representation and the same to be decided by the respondents, no such direction can be issued to the respondents to decide his representation unless there is a corresponding statutory obligation on the State to decide the representation.
The writ petition is, accordingly, dismissed .
Order Date :- 18.9.2018 SK
1 issue framed by the court
Whether the court can issue a mandamus directing the respondent to decide a representation absent a statutory obligation to do so.
Praveen Kumar
State Of U.P.
B. Amit Sthalekar
Jayant Banerji
As recorded by the court registry
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