This judgment holds that a writ of mandamus is not maintainable against a private party for restraining illegal construction. The Court directed the petitioner to file a suit for permanent injunction instead.
Writ petition dismissed; directive to file suit.
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Court No. - 37
Case :- WRIT - C No. - 20526 of 2019
Petitioner :- Raja Ram Respondent :- State Of U P And 6 Others Counsel for Petitioner :- Suneel Kumar Mishra,Dinesh Kumar Rawat Counsel for Respondent :- C.S.C.
Hon'ble Ram Surat Ram (Maurya),J. Hon'ble Piyush Agrawal,J.
Heard Shri Dinesh Kumar Rawat, learned counsel for the petitioner and learned standing counsel for the State of U.P.
This writ petition has been filed for issue of mandamus directing the District Magistrate, Azamgarh (the respondent no. 2) to decide the representation of the petitioner dated 17.05.2019 with regard to restrain the respondent nos. 5 to 7 from illegal construction over the land of the petitioner.
This is, essentially, a writ of mandamus against a private party and the same is not maintainable.
The remedy of the petitioner is to file a suit for permanent injunction.
The writ petition is dismissed with the aforesaid observation.
Order Date :- 25.6.2019 Amit Mishra
1 issue framed by the court
Whether a writ of mandamus is maintainable against a private party for alleged illegal construction on the petitioner's land.
Raja Ram
State Of U P
Ram Surat Ram
Piyush Agrawal
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
