Court No. - 9
Case :- WRIT - B No. - 5487 of 2018 Petitioner :- Chunvadiya And 3 Others Respondent :- Deputy Director Of Consolidation And 11 Others Counsel for Petitioner :- D.C. Dwivedi Counsel for Respondent :- C.S.C.,Anuj Kumar
Hon'ble Anjani Kumar Mishra,J.
Heard learned counsel for the petitioners.
This writ petition has been filed seeking the following amongst other reliefs:-
"(i) Issue a writ, order or direction in the nature of mandamus commanding the Respondent No. 1 (Deputy Director of Consolidation, Banda) as well as Respondent No. 2 (Consolidation Officer, Atarra) to stay the proceeding of the Restoration Application dated 10.10.2018 which is pending before Consolidation Officer, Atarra, Banda as well as another Restoration Application dated 11.10.2018 which is pending before the Deputy Director Consolidation, Banda filed by the Opposite Parties 6 to 12."
A mandamus is liable to be issued when an authority is not performing its statutory duty, despite a demand in writing having been made for performance of such duty.
In the case at hand, restoration applications have been filed and once such applications are filed, it is the statutory duty of this Court concerned to hear and dispose of the same on merits.
However, the mandamus that is sought by means of this writ petition is a mandamus for restraining the statutory authority from exercising its statutory functions. Such a mandamus therefore, cannot be issued. The writ petition therefore is entirely misconceived and sheer abuse of the process of the Court.
The writ petition is therefore, dismissed with cost of Rs. 2,500/- to be deposited within a period of 30 days from today, failing which the same shall be recoverable as arrears of land revenue.
Order Date :- 31.10.2018 Mayank