Court No. - 9
Case :- WRIT - C No. - 24225 of 2019 Petitioner :- Riyaz Ahmad Respondent :- State Of U.P. And 12 Others Counsel for Petitioner :- Mohammad Mustafa Counsel for Respondent :- C.S.C.,Dharam Deo Chauhan
Hon'ble Anjani Kumar Mishra,J.
Heard.
The present writ petition has been filed seeking the following relief:-
"(i) Issue a writ, order or direction in the nature of mandamus commanding/directing the private respondents not to transfer the arazi gata No. 444 Ka, area 0.051 hectare situated mauja Masina Khas, Tappa Masina Pargana Bansi Purab Tehsil Bansi, District-Siddharth Nagar to anybody."
From the perusal of the relief sought in the writ petition, it is clear that the petitioner is seeking an injunction from the writ court at the first instance.
In my considered opinion, such an injunction/mandamus cannot be granted by the writ court at the first instance, especially to a private respondent.
The writ petition is therefore, found to be misconceived and is dismissed as such.
Order Date :- 26.7.2019 sweta