Phool Singh v. State of U.P. and 4 Others

Court No. - 51 Case :- WRIT - C No. - 39150 of 2023 Petitioner :- Phool Singh Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Deepak Kumar Srivastava Counsel for Respondent :- C.S.C.,Azad Rai Hon'ble Chandra Kumar Rai,J.

¶1The instant writ petition has been filed for the following reliefs:- "i) Issue a writ order or direction in the nature of mandamus direct to the respondents restrain the construction over the Gata no.278, situated Village Panchayat Bhagautipur, Pargana-Nawabgnaj, Tehsil-Soraon, Prayagraj.

ii) Issue a writ order or direction in the nature of mandamus decide the matter and all representation dated 07.07.2023 is pending before the respondent no.2 and 3 till date.

iii) Issue any suitable writ, order or direction which this Hon'ble Court may deem fit and proper under the facts and circumstances of the case to meet the end of justice.

iv) To award the cost of the petition in favour of the petitioner."

¶2The perusal of the averments made in the writ petition as well as in the representation dated 7.7.2023, which is annexed as Annexure No.2 to the writ petition, it reveals that there is private dispute between the petitioner and private respondent no.5.

¶3The prayer made in the writ petition as well as in the representation cannot be granted in exercise of jurisdiction under Article 226 of the Constitution of India.

¶4The writ petition is misconceived and is, accordingly, dismissed.

¶5Sri Azad Rai, learned counsel for the respondent-gaon sabha and Sri Abhishek Shukla, learned Addl. C.S.C. for the state-respondents are present. Order Date :- 6.12.2023 C.Prakash High Court of Judicature at Allahabad