Hon'ble High Court dismissed writ petition by parade petitioner failing to demonstrate that representation constituted statutory duty requiring decision under Article 226.
Writ petition dismissed with liberty to file fresh petition seeking proper reliefs.
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Court No. - 39
Case :- WRIT - C No. - 14827 of 2019
Petitioner :- Sri Kashi Sarafa Atithi Bhawan Trust Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Sanjay Mishra,Rahul Mishra Counsel for Respondent :- C.S.C.,Ravi Prakash Pandey,Vineet Sankalp
Hon'ble B. Amit Sthalekar,J. Hon'ble Piyush Agrawal,J.
Heard Sri Sanjay Mishra, learned counsel for the petitioner, learned Standing Counsel for respondent no. 1, Sri Ravi Prakash Pandey, learned counsel for respondent no. 2 and Sri Vineet Sankalp, learned counsel for the respondent no. 3.
Relief claimed in the writ petition reads as under :
"(a) To issue a writ, order or direction in the nature of Mandamus directing the respondent no. 2 & 3 to decide the grievances/representation pending before the respondent no. 2 & 3.
(b) To issue any order or direction which this Hon'ble Court may deem fit and proper under the facts and circumstances of the case.
(c) Award the cost of the writ petition in favour of the petitioner."
From the relief claimed, no head or tail can be made out of the grievance of the petitioner.
It is not stated that the petitioner's representation which he wants decided is a statutory representation and casts a statutory obligation or duty upon the respondents to decide the same.
We, therefore, dismiss the writ petition with liberty to the petitioner to file fresh petition seeking proper reliefs.
Order Date :- 29.4.2019 nd
1 issue framed by the court
Whether writ jurisdiction is invoked when petitioner fails to specify a statutory duty or obligation on respondents to decide its representation.
Sri Kashi Sarafa Atithi Bhawan Trust
State Of U.P.
Other 1
Other 2
B. Amit Sthalekar
Piyush Agrawal
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
