Writ petition challenging a suit-related dispute representation was disposed of. The Court observed that the correct remedy against private respondents is a suit and did not act on the writ prayer.
Writ petition disposed of; no direction issued to the Magistrate.
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Court No. - 4
Case :- WRIT - C No. - 38898 of 2019
Petitioner :- Dilip Kumar Respondent :- State Of U.P. And 7 Others Counsel for Petitioner :- Ravishankar Mishra,Shravan Kumar Dubey Counsel for Respondent :- C.S.C.
Hon'ble Bala Krishna Narayana,J. Hon'ble Rohit Ranjan Agarwal,J.
Heard learned Counsel for the petitioner and learned Standing Counsel for the respondents.
This writ petition has been filed by the petitioner for the following prayer :-
"i. Issue a writ, order or direction in the nature of Mandamus directing to the Respondent No.2 i.e. Sub Divisional Magistrate, Sadar, District-Varanasi to decide the representation dated 09.04.2019 of the petitioner (Annexure-3 to this writ petition), pending before him within stipulated period as may be fixed by this Hon'ble Court in the light of judgment and order dated 30.08.1983 passed by Havali Munsif, Varansi in Suit No.130 of 1983 (Smt. Bachi Devi Vs. Jawahir @ Jayal;"
From perusal of the documents, it transpires that the dispute involved in this writ petition is between the petitioner and respondent nos.5 to 8, who are private respondents and, in our opinion, the remedy, if any, available to the petitioner for redressal of his grievance is to file a suit.
Subject to the aforesaid observation, writ petition stands disposed of.
Order Date :- 3.12.2019 S. Singh
Dilip Kumar
State Of U.P.
Bala Krishna Narayana
Rohit Ranjan Agarwal
As recorded by the court registry
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