Mahatam v. State of U.P. and 8 Others

Court No. - 47 Case :- WRIT - C No. - 36913 of 2023 Petitioner :- Mahatam Respondent :- State Of U.P. And 8 Others Counsel for Petitioner :- Baijant Kumar Mishra,Manoj Kumar Tripathi Counsel for Respondent :- C.S.C. Hon'ble Manish Kumar Nigam,J.

¶1Heard learned counsel for the parties and perused the record.

¶2This writ petition has been filed for the following relief:- "1. Issue a writ order or direction in the nature of mandamus direct the respondent no.e to decide the application dated 16.10.2021 and 18.03.2023 moved by the petitioner regarding the earlier possession given by Sub Divisional Magistrate, Tehsil Tamkuhiraj, District Kushinagar on 21.03.2017 within stipulated period."

¶3From the perusal of the applications filed as annexure no. 4 and 5 to this writ petition, it appears that petitioner has dispute with a private person.

¶4Learned Standing Counsel raised a preliminary objection that such a writ petition is not maintainable for a private dispute and in the garb of the present petition the petitioner wants to settle his private dispute.

¶5In view of the above, I am not inclined to interfere in the matter.

¶6In case, petitioner shall move such an application, the same may be considered and decided, in accordance with law.

¶7With the aforesaid observation, the petition is disposed of. Order Date :- 2.11.2023 Mini (Manish Kumar Nigam, J.) High Court of Judicature at Allahabad