Petitioner sought mandamus for deciding a representation and conducting an inquiry regarding alleged illegal action involving civil disputes. Court declined to interfere due to lack of confidence in the premise and complexity of civil claims.
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Court No. - 40
Case :- WRIT - C No. - 39055 of 2022
Petitioner :- Tej Ram Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Kaushlendra Singh Counsel for Respondent :- CSC
Hon'ble Mahesh Chandra Tripathi,J. Hon'ble Vivek Kumar Singh,J.
Heard learned counsel for the petitioner and learned Standing Counsel appearing for the State functionaries.
The petitioner is before this Court for mandamus commanding the respondent No. 2 to decide the representation dated 08.12.2022 within stipulated period and further the respondent Nos. 3 and 4 may make and complete the detailed inquiry with regard to the illegal action of the same against the petitioner.
Learned counsel for the petitioner has very strenuously advanced his submissions seeking indulgence of this Court to interfere with the matter. However, he failed to bag the discretion of this Court in petitioner's favour as the premise on which the entire issue stands for does not inspire confidence of this Court to look into the depth of such civil dispute which bears complexity in facts and that can only be redressed by filing a civil suit before the appropriate court.
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. The writ petition is accordingly disposed of.
No order as to costs.
Order Date :- 9.2.2023 Jaswant
Digitally signed by :- JASWANT KUMAR High Court of Judicature at Allahabad
1 issue framed by the court
Whether mandamus should issue to compel decision of a representation and conduct inquiry regarding illegal action.
Tej Ram
State Of U.P.
Other Respondent 2
Other Respondent 3
Other Respondent 4
Mahesh Chandra Tripathi
Vivek Kumar Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
