Court No. - 39
Case :- WRIT - C No. - 19778 of 2021 Petitioner :- Azizul Hasan Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Sandeep Kumar Rai,Shyam Narain Rai Counsel for Respondent :- C.S.C.
Hon'ble Manoj Kumar Gupta,J. Hon'ble Deepak Verma,J.
The present writ petition has been filed with a prayer of mandamus commanding the Sub-Divisional Magistrate, Jaunpur (respondent No. 3) to ensure compliance of the order dated 11.6.2021 within stipulated time frame.
The case of the petitioner is that he submitted an application before the Sub Divisional Magistrate, Tehsil Shahganj, District Jaunpur for a direction to Station House Officer, police station, Shahganj to get vacated his old dilapidated house from the tenants. The S.D.M. passed an order on 11.6.2021 directing S.H.O. to call all parties at the Tehsil for amicable settlement. It is this order of Sub Divisional Magistrate which is sought to be enforced by seeking a writ of mandamus.
The petition is wholly misconceived. The petitioner is free to pray for implementation of order before the authority which has passed the same. Moreover, if the party is not appearing for settlement of dispute through negotiation, if cannot be compelled. It is open to the petitioner to avail other remedies as may be available under law.
The petition is, accordingly, dismissed.
Order Date :- 24.8.2021 Ankita
(Deepak Verma,J.) (Manoj Kumar Gupta,J.)