Court No. - 34
Case :- WRIT - C No. - 26861 of 2019 Petitioner :- Dheeraj Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Pankaj Srivastava Counsel for Respondent :- C.S.C.
Hon'ble Sudhir Agarwal,J. Hon'ble Rajeev Misra,J.
1. Heard learned counsel for the petitioner and learned Standing Counsel for State.
2. Only prayer made in this writ petition is to issue a writ of mandamus directing respondent No. 2 to decide petitioner's representation dated 19.06.2019 which is said to be pending before Respondent no.2. Despite repeated query, learned counsel for petitioner is unable to show any provision under which such representation is admissible to Respondent no.2 and and he is under an obligation to decide the same.
4. We have also gone through the application dated 19.06.2019. It shows that grievance of petitioner is that Police Personnel in search of two relatives of Petitioner i.e. brother and son have visited the house of Petitioner and harassed him and his family members.
5. It is well settled that a writ of mandamus would lie only if a petitioner is enforcing a legal right and respondents, under statutory obligation to do or not to do something, have failed to do so.
6. In Oriental Bank of Commerce Vs. Sunder Lal Jain and another (2008) 2 SCC 280, Court after referring to its earlier judgments in Bihar Eastern Gangetic Fisherman Cooperative Society Ltd. Vs. Sipah Singh ( 1977) 4 SCC 145; Lekhraj Sathramdas Lalvani Vs. N.M. Shah, AIR 1966 SC 334, Dr. Uma Kant Saran Vs. State of Bihar 1993 ( 1) SCC 485 observed as under:
" There is abundant authority in favour of the proposition that a writ of mandamus can be granted only in a case where there is a statutory duty imposed upon the officer concerned and there is a failure on the part of that officer to discharge the statutory obligation."
7. Learned counsel for the petitioner could not show any such statutory legal duty upon official respondents corresponding to statutory legal right of petitioner which could be enforced by issuing a writ of mandamus as prayed for by the petitioner. In view thereof, no relief as prayed for can be granted.
8. Writ petition is accordingly dismissed.
Order Date :- 22.8.2019 YK