The court dismissed the writ petition seeking a direction to the District Magistrate to decide a representation, holding that such relief reduces the court to a recommendatory body.
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Neutral Citation No. - 2024:AHC:169462
Court No. - 5
Case :- WRIT - A No. - 16049 of 2024
Petitioner :- Subhash Jain Respondent :- State of U.P. and Another Counsel for Petitioner :- Gyan Mani Singh Chauhan,Krishna Bihari Counsel for Respondent :- C.S.C.
Hon'ble J.J. Munir,J.
All that the petitioner seeks is a mandamus to the District Magistrate, Meerut to decide his representation dated 20.10.2023 in the exercise of our jurisdiction under Article 226 of the Constitution. This Court does not sit as a recommendatory body to endorse and favourably recommend the case of one litigant to the other. After all, asking the Collector/District Magistrate to decide the petitioner's representation regarding some claim of the petitioner's is nothing but reducing the Court to a recommendatory body. That is not the office of the writ of mandamus or any kind of writ that we may issue with regard to a cause of action that the petitioner has in this case but does not canvass.
In the circumstances, we hold this petition for a mere direction to decide the petitioner's representation to be not maintainable and dismiss the same. This order will not prevent the petitioner from bringing a properly framed petition for such substantial relief that he may be advised to seek from this Court on the same cause of action.
Order Date :- 22.10.2024/NSC
Digitally signed by :- NARENDRA SINGH CHAUDHARY High Court of Judicature at Allahabad
1 issue framed by the court
Whether a writ of mandamus is maintainable for directing an authority to merely decide a representation?
Subhash Jain
State of U.P. and Another
J.J. Munir
As recorded by the court registry
2 orders share this CNR
Judgements on the same questions, provisions and authorities, from every court
