The High Court dismissed the writ petition filed by Abhay Raj seeking a writ of mandamus against the State regarding drainage work. The Court held no cause of action for a writ existed as civil remedies were available.
Petitioner's application for issuance of writ of mandamus was denied; no costs awarded.
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Court No. - 35
Case :- WRIT - C No. - 32188 of 2018
Petitioner :- Abhay Raj Respondent :- State Of U P And 2 Others Counsel for Petitioner :- Vikas Srivastava Counsel for Respondent :- C.S.C.
Hon'ble Bharati Sapru,J. Hon'ble Jayant Banerji,J.
Heard learned Counsel for the petitioner as well as Sri Nimai Dass, learned Standing Counsel for the State and perused the record.
We are satisfied that no cause of action really speaking lies for issuance of a writ of mandamus. The matter relates to digging of drain over the land allegedly belongs to the petitioner by some private respondents. Although these facts have not been disclosed in the writ petition, they are reflected from the Annexures no.3 & 4 to the writ petition.
It is open to the petitioner to take recourse to the civil remedies available under the law.
We are not inclined to interfere in this matter.
The Writ Petition is dismissed. No costs.
Order Date :- 13.11.2018 S.P.
1 issue framed by the court
Whether issuance of writ of mandamus lies for digging of drain over land allegedly belonging to the petitioner.
Abhay Raj
State Of U P
Unnamed 2 Other Respondents
Bharati Sapru
Jayant Banerji
As recorded by the court registry
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