Court No. - 10
Case :- MATTERS UNDER ARTICLE 227 No. - 9842 of 2019 Petitioner :- Raj Kumar Respondent :- Allahabad Development Authority And 2 Others Counsel for Petitioner :- Deepak Rana Counsel for Respondent :- Devi Prasad Mishra,Ashish Mishra
Hon'ble Mrs. Sangeeta Chandra,J.
(1) Vakalatnama filed today by Shri Ashish Tripathi, Advocate on behalf of the respondent nos.1 & 2, is taken on record.
(2) Heard the learned counsel for the parties and perused the record.
(3) This petition has been filed by the petitioner praying for a mandamus to be issued to the Respondent no.3- Civil Judge (Junior Division), District Allahabad, to expedite and conclude the entire proceedings in Case No.132 of 2014 (Raj Kumar Vs. Allahabad Development and Another).
(4) No writ of mandamus can lie under Article 227 of the Constitution of India as under Article 227 of the Constitution of India only supervisory jurisdiction in exercised by this Court, therefore the prayer clause has been drafted under some misapprehension.
(5) From a perusal of the pleadings on record in Paragraph-1 of the same it has been stated that this is the first writ petition on behalf of the petitioner before this Court and in Paragraph-3 it has been stated that one miscellaneous writ under Article 227 namely one Writ under Article 227 No.1240 of 2019 (Raj Kumar Vs. Allahabad Development Authority and Another) was filed by the petitioner which was dismissed as not pressed by this Court on 25.02.2019. A copy of the order dated 25.02.2019 has been filed as Annexure-1 to the petition. This Court has perused the same. From the same, it is evident that the counsel for the petitioner had argued the matter at some length before the Court concerned and then submitted that he did not want to press the petition so it was dismissed as not pressed at the stage at which it was filed. There was no liberty given by this Court to file afresh petition, if fresh cause of action arose.
(6) This petition being entirely misconceived and asking for a mandamus for the same cause of action is not maintainable with liberty being given in this regard by this Court's order dated 25.02.2019. Hence, it is dismissed.
Order Date :- 18.12.2019 PAL