Hon'ble Manish Kumar,J.
Heard learned counsel for petitioner and learned counsel representing the Lucknow Development Authority.
The petitioner by means of this petition has prayed for quashing the order dated 24.12.2020 passed by the Tehsildar-Establishment, Lucknow Development Authority whereby application made by the petitioner, dated 17.12.2020 has been rejected. It may be noticed that by the said application dated 17.12.2020 the petitioner had prayed that compassionate appointment of respondent no.5 with the Lucknow Development Authority be cancelled. The other prayer made in this petition is that an inquiry may be ordered to be held into the allegations that the respondent no.5 while procuring compassionate appointment had filed some forged No Objection Certificate which allegedly contained signature of the petitioner. It has also been prayed that respondent nos.2 to 5 be directed to release the dues in respect of deceased employee late Mittoo Lal and also to mutate the name of petitioner in respect of house no. S.S.IV/554/B, Vibhav Khand, Gomti Nagar, Lucknow as per compromise dated 04.12.2020, which has been annexed as annexure 5 to the writ petition.
From the averments made in this petition, in fact, the petitioner has sought for enforcement of certain contractual rights or obligations arising out of compromise dated 04.12.2020.
In exercise of our jurisdiction under Article 226 of the Constitution of India, we are afraid, we cannot enforce any rights or obligations arising out of compromise/agreement/contract. Such issues lie in the realm of contract, enforcement of which can be ensured by the parties to the contract by instituting appropriate proceedings before the court of competent civil jurisdiction. The Tehsildar- Establishment, Lucknow Development Authority while rejecting the prayer of the petitioner for cancellation of compassionate appointment of respondent no.5 has observed in his order dated 24.12.2020 that in case the petitioner seeks any relief, it will be appropriate for her to institute appropriate proceedings before the court of competent civil jurisdiction for the reason that the issue relates to the family dispute.
We do not find any reason to interfere either in the order dated 24.12.2020 passed by the Tehsildar- Establishment, Lucknow Development Authority or to interfere otherwise for granting the prayer made in this petition.
The petition being devoid of merit is hereby dismissed.
However, notwithstanding dismissal of this petition it will be open to the petitioner to take recourse to any other legal remedy available to her under law.
Order Date :- 2.2.2021 Renu/-