Court No. - 9
Case :- WRIT - C No. - 19457 of 2019 Petitioner :- Avinash Chandra Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Rakesh Narain Shukla,Aanjaneya Dwivedi Counsel for Respondent :- C.S.C.,Diwakar Singh
Hon'ble Anjani Kumar Mishra,J.
Heard learned counsel for the petitioner and Shri Diwakar Singh for the Gaon Sabha as also learned Standing counsel for the State-respondents.
The petition has been filed seeking the following relief-
"I) Issue a writ order or direction in the nature of mandamus to direct the respondent no.2 namely SDM to command the respondent no.3 namely Gram Sabha to not to construct any Passubada and tubewell during the pendency of the Suit No.444 before the SDM."
In case, any direction is required on the petitioner feels necessity of any direction, he may apply in the pending Suit No.444 before the Sub Divisional Magistrate.
The mandamus or direction that has been prayed for cannot be granted by the writ Court, especially during the pendency of the proceedings before the competent forum.
The relief prayed for in this writ petition, is therefore, entirely misconceived.
The writ petition is accordingly, dismissed.
Order Date :- 31.5.2019 RKM