Single judge court dismissed a writ petition praying a direction to the District Magistrate to decide a representation. Court held that the representation was not statutory and imposed no duty. Petition dismissed accordingly. Order dated 19.4.2019.
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Court No. - 39
Case :- WRIT - C No. - 7666 of 2019
Petitioner :- Rakesh Kumar Respondent :- State Of U.P. And 5 Others Counsel for Petitioner :- Deependra Yadav Counsel for Respondent :- C.S.C.
Hon'ble B. Amit Sthalekar,J. Hon'ble Piyush Agrawal,J.
Heard Sri Deependra Yadav, learned counsel for the petitioner and learned Standing Counsel for the State respondents.
By means of this writ petition, the petitioner has prayed the following relief :
"i. issue a order or direction to direct the respondent no. 2 i.e. District Magistrate, District Kannauj to decide the representation of the petitioner dated 05.05.2018, within stipulated time frame fixed by this Hon'ble Court.
ii. issue a order or direction in suitable nature which Hon'ble Court may deem fit and proper under the facts and circumstances of the case.
iii. Award the cost of this petition in favour of the petitioner."
The only relief claimed is to decide the petitioner's representation. This representation is not a statutory representation and therefore, does not cast a statutory obligation/duty upon the respondent to decide the same.
The writ petition is, therefore, dismissed.
Order Date :- 19.4.2019 nd
1 issue framed by the court
Whether a writ court can direct a respondent to decide a non-statutory representation within a fixed time frame.
Rakesh Kumar
State Of U.P.
District Magistrate, District Kannauj
B. Amit Sthalekar
Piyush Agrawal
As recorded by the court registry
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