Court No. - 34
Case :- WRIT - C No. - 31375 of 2019 Petitioner :- Mahant Jagannath Das Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Janardan Mishra Counsel for Respondent :- C.S.C.
Hon'ble Sudhir Agarwal,J. Hon'ble Rajeev Misra,J.
1. Heard Shri Rajni Kant Chaubey holding brief of Shri Janardan Mishra, learned counsel for petitioner and learned Standing Counsel for State-respondent.
2. Petitioner is seeking mandamus commanding District Magistrate, Sant Kabir Nagar to get his order dated 5.2.2018 complied and protect petitioner's personally property.
3. We inquire repeatedly from learned counsel for petitioner as to under which provision, District Magistrate is empowered or under statutory obligation to take action for protection of individuals' property. If there is any criminal activities by any individual, remedy lies to petitioner to initiate criminal proceedings against such person and if there is some unauthorized interference on private property by individuals, petitioner has further remedy in common law by filing a suit for injunction. In absence of any statutory provision, the kind of mandamus as has been prayed by petitioner cannot be issued.
4. It is well settled that a writ of mandamus would lie only if petitioner is enforcing a legal right, and respondents are under a statutory obligation to do or not to do something.
5. In Oriental Bank of Commerce Vs. Sunder Lal Jain and another (2008) 2 SCC 280 the Apex Court after referring to its earlier judgments in Bihar Eastern Gangetic Fisherman Cooperative Society Ltd. Vs. Sipahi 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."
6. In view of above, relief prayed for in this writ petition cannot be granted. Dismissed.
Order Date :- 26.9.2019 Ravi Prakash