Court No. - 9
Case :- WRIT - C No. - 14810 of 2019 Petitioner :- Hariram Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Usha Srivastava,Shailesh Kumar Counsel for Respondent :- C.S.C. Hon'ble Anjani Kumar Mishra,J. Heard.
The petition seeks the following relief:-
"(I) Issue a writ, order or direction in the nature of mandamus directing the Respondent No. 2 Sub Divisional Magistrate Shahganj District Jaunpur not to decide the case no. T201819360109110 of 2018, Prabhudei Vs Hariram and others U/S 24 Revenue Code 2006, regarding the Gata No. 1052 measuring area 0.150 hectare situated village Latifpur Pargana Anguli Tehsil Shahganj District Jaunpur, during the pendency of Revision no. 2679 of 2004 Hariram and others Vs Prabhudei and another pending in the court of Deputy Director of Consolidation Jaunpur since 2004."
Once a case in filed it is the duty of the Court to decide it finally.
A mandamus is liable to be issued once a statutory duty is not performed by an authority despite a demand for such performance having been made to the said authority.
The mandamus prayed for in this petition is that the Court concerned should not perform its statutory duty. Such a negative mandamus cannot be granted, as the writ court cannot direct an authority not to perform its statutory duty.
This writ petition is therefore entirely misconceived and is dismissed.
Order Date :- 30.4.2019 Mayank