Court No. - 21
Case :- WRIT - C No. - 16174 of 2017 Petitioner :- C/M Sri Balaji Sanskrit Mahavidyalaya Respondent :- State Of U.P. And 5 Others Counsel for Petitioner :- Prabhakar Awasthi Counsel for Respondent :- C.S.C.
Hon'ble V.K. Shukla,J.
Hon'ble Mahesh Chandra Tripathi,J.
Committee of Management of Sri Balaji Sanskrit Mahavidyalaya, Sitapur, Chitrakoot through its Manager is before this Court with a prayer to issue writ in the nature of mandamus commanding the District Magistrate to forthwith get the premises in question occupied by respondent no.6 vacated.
On the presentation of the writ petition in question, we posed a specific question as to under which provision of law such a directive can be issued by us.
The answer in question that has been submitted from the side of the petitioner is not at all supported by any statutory provision and only averment that has been mentioned before us is that Shri Raj Narayan Pandey, who is an ex-Principal and once he has attained the age of superannuation, he should vacate the premises in question.
Consequently, once there is no statutory provision holding the field, as such we do not proceed to issue directive as has been prayed for by the Management Committee of the institution but certainly we leave it open to the Committee of Management of the institution to pursue the remedy as is available to it in law.
The writ petition is dismissed accordingly.
Order Date :- 18.4.2017 SP/