Petitioner sought writs mandamus to direct resolution of his application and restraining eviction from a temple post. Petitioner abandoned the writ during hearing. Court dismissed the petition as not pressed, advising a civil suit for determination of rights or damages.
None. Petition dismissed as not pressed.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Court No. - 40
Case :- WRIT - C No. - 36164 of 2022
Petitioner :- Jai Prakash Goswami Respondent :- State Of U.P. And 6 Others Counsel for Petitioner :- Bala Nath Mishra,Ram Vishal Mishra,Sachin Mishra Counsel for Respondent :- CSC
Hon'ble Mahesh Chandra Tripathi,J. Hon'ble Vivek Kumar Singh,J.
Heard Sri Bala Nath Mishra, learned counsel for the petitioner and Sri Piyush Shukla, learned Standing Counsel for the Staterespondents.
The present writ petition is preferred with following principal reliefs:-
"i. Issue a suitable writ order in the nature of mandamus directing upon the respondent No. 2 and 3 for decide the application of petitioner within stipulated period (being Annexure No. 8 to this writ petition).
ii. Issue a suitable writ of mandamus directing upon the respondent No. 2 and 3 to restrain the respondent No. 6 and 7, that he may not remove the petitioner from his post and will also not evict the petitioner from the Room of Mukhya Pujari of Mandir Shri Bateshwar Nath Ji Maharaj Tehsil Bah, District Agra, otherwise the petitioner shall suffer grave irreparable loss and injury."
After the matter has been heard at some length and the Court has proceeded to indicate its mind in negative, learned counsel for the petitioner has contended that he does not intend to press the present writ petition.
Looking into the aforesaid situation, we are not inclined to issue any direction in the matter leaving it open for the petitioner to take recourse of the remedy of filing a suit for determination of rights or damages before the appropriate court, if so advised.
Consequently, the writ petition is dismissed as not pressed.
Order Date :- 8.2.2023 Jaswant
Digitally signed by :- JASWANT KUMAR High Court of Judicature at Allahabad
1 issue framed by the court
Whether to issue a writ of mandamus directing respondents to decide the petitioner's application within a stipulated period.
Jai Prakash Goswami
State Of U.P.
Mahesh Chandra Tripathi
Vivek Kumar Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
