Court No. - 39
Case :- WRIT - A No. - 17977 of 2018 Petitioner :- Mohd. Yusuf Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Aktar Ahmed Siddiqui Counsel for Respondent :- C.S.C.
Hon'ble B. Amit Sthalekar,J. Hon'ble Jayant Banerji,J.
Heard Sri A.A. Siddiqui, learned counsel for the petitioner and the learned Standing Counsel for the State- Respondents.
The reliefs claimed in the writ petition reads as under:
"(i) issue a writ, order or direction in the nature of mandamus commanding and directing the respondent no.2 to decide the representation of the petitioner with reasonable order (Annexure No.3) within stipulated period.
(ii) issue a writ, order or direction of suitable nature directing the respondents to reimburse the remaining amount to the petitioner which was expensed on treatment."
So far as the relief no.2 is concerned, the same is absolutely vague as it has not been indicated what amount the petitioner wants to be reimbursed to him.
So far as the relief no.1 is concerned, the prayer is to decide the petitioner's representation. Such a relief cannot be granted as the petitioner does not have any statutory right in his favour to get such representation decided nor there is any statutory obligation on the part of the respondents to decide such representation. Therefore the relief no.1 cannot be granted and is accordingly rejected.
Learned counsel for the petitioner however prays that he may be permitted to withdraw this writ petition with liberty to file a fresh writ petition seeking proper relief.
Permission is granted. The writ petition is dismissed with the aforesaid liberty.
Order Date :- 24.8.2018 N Tiwari