Writ petition challenging lack of action on representation, despite pending demarcation application, was dismissed due to preliminary objection regarding maintainability.
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Court No. - 89
Case :- WRIT - C No. - 6888 of 2021
Petitioner :- Shri Kishun Respondent :- State Of U.P. And 6 Others Counsel for Petitioner :- Krishna Kant Vishwakarma,Ashwani Kumar
Counsel for Respondent :- C.S.C.
Hon'ble Rajeev Misra,J.
Heard Mr. Krishna Kant Vishwakarma, learned counsel for petitioner on video link. Learned Standing Counsel representing respondents-1, 2 and 3 is also available.
Petitioner-Kishun has preferred present writ petition for following relief:
"Issue a writ, order or direction in the nature of mandamus directing the respondent no.2 and 3 to take necessary action of the representation dated 28.10.2020 made by the petitioner."
At the outset, learned Standing Counsel has raised a preliminary objection regarding maintainability of present writ petition. He contends that the petitioner has already filed an application for demarcation, which is also pending and therefore, no direction can be issued to decide the representation dated 28.10.2020 filed by petitioner.
When confronted with above, learned counsel for petitioner could not overcome the same.
In view of above, writ petition fails and is liable to be dismissed. It is accordingly, dismissed.
Order Date :- 29.6.2021 Ashish Pd.
Kishun
State Of U.P.
Rajeev Misra
As recorded by the court registry
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