Court No. - 6
Case :- WRIT - C No. - 42744 of 2019 Petitioner :- Smt. Mona Sharma And Another Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Rahul Pandey Counsel for Respondent :- C.S.C.
Hon'ble Anjani Kumar Mishra,J.
Heard learned counsel for the petitioners.
The writ petition has been filed seeking the following relief:-
"(i) Issue writ, order or direction in the nature of mandamus commanding the respondent authorities to restrain the respondent nos. 4 and 5 to create hindrances in the peaceful possession of the petitioners on their agriculture land."
From the relief quoted above, it is clear that petitioners are claiming an injunction against private respondent nos. 4 and 5. Such an injunction cannot be granted by the Writ Court because a mandamus cannot be issued to private respondents.
The alternative prayer is that the representation filed by the petitioners before revenue authorities be directed to be considered is again misconceived because the revenue authorities on the administrative side are not competent to grant an injunction.
Under the circumstances, the writ petition is dismissed observing that petitioners, in case so advised, may sue for an injunction, against the private respondent nos. 4 and 5.
Order Date :- 20.12.2019 AKT