Writ petition seeking directive for state to consider proposed changes in fishery settlement provisions and formulate policy. Court dismissed petition as mandamus cannot be issued for matters of policy or legislative character.
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Court No. - 34
Case :- WRIT - C No. - 33019 of 2019
Petitioner :- Matsya Jivi Sahkari Samiti Ltd And Another Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Vijay Kumar,Ajit Kumar Srivastava Counsel for Respondent :- C.S.C.
Hon'ble Sudhir Agarwal,J. Hon'ble Rajeev Misra,J.
" ....Court cannot direct the creation of posts since the same is prerogative of the executive or the legislative authorities and the Court could not arrogate to itself this purely executive or legislative function and direct creation of the posts in the organization . It was also observed that this Court has, time and again, pointed out that the creation of a post is an executive and legislative function as it involves economic factors". (emphasis added)
1 issue framed by the court
Whether a mandamus can be issued to direct the state to consider suggested changes in fishery settlement provisions and make appropriate policy.
Colour shows how this judgement treated each authority
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Matsya Jivi Sahkari Samiti Ltd
State Of U.P.
Sudhir Agarwal
Rajeev Misra
As recorded by the court registry
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