The court dismissed the writ petition seeking mandamus to direct police authorities to interfere in a dispute over construction on a rented bank building. Holding the dispute to be purely private, the court declined to exercise writ jurisdiction and advised the petitioner to approach a civil court.
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Court No. - 32
Case :- WRIT - C No. - 13761 of 2020
Petitioner :- Ratan Lal Chaurasia And Another Respondent :- State Of U.P. And 5 Others Counsel for Petitioner :- Om Prakash Mishra,Ved Prakash Mishra Counsel for Respondent :- C.S.C.
Hon'ble Shashi Kant Gupta,J. Hon'ble Piyush Agrawal,J.
Heard learned counsel for the petitioner and learned Standing Counsel for the respondents.
This writ petition has been filed, interalia, for the following relief:
" (i) Issue a writ, order or direction in the nature of mandamus commanding and directing the police officials/ authorities i.e. respondent no. 3 to 5 to interfere with the construction of damaged portion of generator and stationary room of the Bank building which is given to Bank on rent , without injunction order of competent court."
The petitioner in substance is seeking a direction against the respondent no. 4, who is a private person. Since the dispute between the parties appears to be purely private dispute, we do not see any justification to issue any direction to the concerned authorities while exercising our writ jurisdiction under Article 226 of the Constitution of India.
However, the petitioner may, if so advised, take proceedings before the common law court in accordance with law for redressal of his grievances.
Order Date :- 10.9.2020
MLK
2 issues framed by the court
Whether the court can issue a writ of mandamus to interfere in a purely private dispute between the petitioner and a private person.
Whether writ jurisdiction under Article 226 is justifiable in a dispute regarding construction on a rented bank building involving a private individual.
Ratan Lal Chaurasia
State Of U.P.
Shashi Kant Gupta
Piyush Agrawal
As recorded by the court registry
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