The petition sought direction for release of funds to the petitioner for constructing a Press building. The Court held that fund release is within the prerogative of the government and is not the subject of mandamus. The petition was dismissed.
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Court No. - 34
Case :- WRIT - C No. - 43222 of 2019
Petitioner :- Mirzapur Press Club Respondent :- State Of U P And 3 Others Counsel for Petitioner :- Shri Prakash Dwivedi Counsel for Respondent :- C.S.C.,Ravi Prakash Srivastava
Hon'ble Mrs. Sunita Agarwal,J. Hon'ble Jayant Banerji,J.
The petitioner herein claims to be a registered body seeking release of fund from the State Government for construction of the Press building.
Sri Ravi Prakash Srivastav learned Advocate has put in appearance on behalf of respondent no.4, Zila Panchayat. He submits that there is no resolution of Zila Panchayat for construction of the Press Club over the site-in-question.
Learned Standing counsel, however, has not received any instructions.
Be that as it may, for the construction of the Press Club, the matter of release of fund is between the petitioner and the State. We are not supposed to issue any mandamus or direction to the State Government for release of fund as it is the prerogative of the Government to utilize the public money.
Mandamus as prayed cannot be granted.
The writ petition is wholly misconceived and hence dismissed.
Order Date :- 11.11.2020 Harshita
2 issues framed by the court
Whether the Court should issue a writ of mandamus directing the State Government to release funds for construction.
Whether the mandamus can be granted against the State Government for release of public funds.
Mirzapur Press Club
State Of U P
Zila Panchayat
Sunita Agarwal
Jayant Banerji
As recorded by the court registry
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