Court No. - 9
Case :- WRIT - C No. - 31510 of 2019 Petitioner :- Jagdamba Mishra And 2 Others Respondent :- State Of U.P. And 6 Others Counsel for Petitioner :- Sheo Shankar Tripathi,Adya Prasad Tewari Counsel for Respondent :- C.S.C.
Hon'ble Anjani Kumar Mishra,J.
Heard learned counsel for the petitioner and learned Standing counsel for the State-respondents.
The petition has been filed seeking the following relief-
"a) issue a writ, order or direction in the nature of mandamus commanding the District Magistrate, Gorakhpur to look into the matter and prevent the private respondents not to interfere in actual physical cultivatory possession and occupation of petitioners over plot no.s234G and 234 Gha area 0.474 and area 0194 hectare situated at village; Badhani, Tehsil Sadar, District Gorakhpur."
Perusal of the relief quoted above shows that the petitioner is in effect seeking an injunction from the writ Court at the first instance, which cannot be granted.
Even otherwise, if it is taken that the petitioner is seeking a mandamus, the mandamus sought is against a private person, which in any case, cannot be issued.
The petitioner, in case apprehends illegal interference in his possession by a private respondent, his remedy lies by means of a suit for injunction, which remedy can be availed by the petitioner.
Under the circumstances, this writ petition is dismissed.
Order Date :- 26.9.2019 RKM