Dav Cricket Academy, Through Its Secretary, Parvez Alam v. State of U.P. and 3 Others

Court No. - 10 Case :- WRIT - C No. - 26818 of 2023 Petitioner :- Dav Cricket Academy, Through Its Secretary, Parvez Alam Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Ravi Prakash Mishra,Shubhashish Shukla,Vishal Agarwal Counsel for Respondent :- C.S.C.,Deepak Kumar,Prabhakar Awasthi Hon'ble Kshitij Shailendra,J.

¶1Heard Shri Vishal Agarwal, learned counsel for the petitioner, learned Standing Counsel for the State-respondent Nos. 1 and 2 and Shri Prabhakar Awasthi, learned counsel for respondent Nos. 3 and 4 and perused the record.

¶2The petitioner claims to be an Association imparting training to the cricket loving children and has filed the present writ petition claiming a writ of Mandamus commanding the respondents not to interfere in the training activity and also to comply with the terms of some agreement entered into between the petitioner and respondent No. 3.

¶3Learned counsel for the petitioner, by referring to various letters as well as agreement itself, submits that respondent No. 3 is not complying with the terms of agreement and has entrusted training activity to some other body.

¶4Be that as it may, the writ petition appears to be in the nature of a civil suit. This Court under Article 226 of Constitution of India cannot directly or indirectly enforce terms of any agreement or understanding between the parties to a lis.

¶5The writ petition is not maintainable and is dismissed with liberty to the petitioner to file a civil suit claiming appropriate relief of declaration/injunction etc. All questions of fact and law shall remain open in civil suit, if filed. Order Date :- 29.11.2023 Sazia High Court of Judicature at Allahabad