The writ petition seeking mandamus to direct the District Magistrate to enquire into alleged misappropriation of government money was dismissed. The court held that mandamus is not available for a non-statutory claim.
The petition is dismissed, leaving the petitioner to pursue remedy before appropriate administrative authorities.
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Court No. - 38
Case :- WRIT - C No. - 17352 of 2022
Petitioner :- Raj Kumar Dubey Respondent :- State Of U.P. And 5 Others Counsel for Petitioner :- Rajesh Kumar Shukla Counsel for Respondent :- C.S.C.,Bhupendra Kumar Tripathi
Hon'ble Saumitra Dayal Singh,J.
Heard learned counsel for the parties.
Petitioner seeks direction upon the District Magistrate to conduct an enquiry into his grievance with respect to alleged misappropriation of government money.
Insofar as the petitioner claims himself to be the resident of the village and he is seeking completely non-statutory remedy, mandamus claimed is declined.
Accordingly, the present petition is dismissed , leaving it open to the petitioner to pursue his remedy before the appropriate administrative authorities.
Order Date :- 11.7.2022 Prakhar
Digitally signed by PRAKHAR SRIVASTAVA Date: 2022.07.11 18:04:08 IST Reason: Location: High Court of Judicature at Allahabad
1 issue framed by the court
Whether the court can issue a writ of mandamus directing the District Magistrate to conduct an enquiry into alleged misappropriation of government money where the petitioner claims no statutory right.
Raj Kumar Dubey
State Of U.P.
Saumitra Dayal Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
