Court No. - 9
Case :- WRIT - C No. - 14422 of 2019 Petitioner :- Rajesh Kumar And Another Respondent :- State Of U.P. And 5 Others Counsel for Petitioner :- Rajesh Kumar Singh Counsel for Respondent :- C.S.C.
Hon'ble Anjani Kumar Mishra,J.
Heard learned counsel for the petitioners and learned Standing Counsel for the State-respondents.
The petition has been filed seeking the following relief-
"(i) a writ, order or direction in the nature of mandamus commanding and directing the respondent no.3, Sub Divisional Magistrate, Tehsil Ghanghata, District Sant Kabir Nagar to decide the representation dated 27.03.2019 of the petitioners (Annexure no.2 to the writ petition) by reasoned and speaking order within stipulated period as fixed by this Hon'ble Court."
Perusal of the representation dated 27.03.2019 reveals that thereby the petitioners seeks an injunction from the Sub Divisional Magistrate, Tehsil Ghanghata for protection of his possession from two persons, namely, Poojan s/o Bhagirathi and Niranjan s/o Ramraj.
In my considered opinion, the Sub Divisional Magistrate, respondent no.3 does not have any power to issue the injunction that has been prayed for in the representation. Such a relief in my considered opinion can only be granted by a Court of competent jurisdiction.
The petitioner if so advised, may institute a suit for the relief that he has prayed for by means of the representation.
Subject to the above, this writ petition stands disposed of.
Order Date :- 26.4.2019 RKM