Court No. - 9
Case :- WRIT - C No. - 14938 of 2019 Petitioner :- Sadho Singh And Another Respondent :- State Of U P And 6 Others Counsel for Petitioner :- Akhilesh Singh,Shivam Yadav Counsel for Respondent :- C.S.C.,Ashish Kumar Srivastava
Hon'ble Anjani Kumar Mishra,J.
Heard learned counsel for the petitioners and Shri Ashish Kumar Srivastava for the respondent no.4, Gaon Sabha as also the learned Standing Counsel for the State-respondents.
The writ petition has been filed seeking the following relief-
"A) Issue a writ, order or direction in the nature of mandamus directing the respondents authorities not to encroach the land of the petitioners and also not to interfere in the peaceful possession of the petitioners over Gata No.51 area 0.4 hectare situated in village Nagla Mahauli, Gram Panchayat Kutubpur, Pargana and Tehsil Kisni, District Mainpuri."
From the perusal of the relief quoted above, it is clear that the petitioner in effect is seeking an injunction from the writ Court at the first instance.
Counsel for the petitioner has also admitted that a civil suit was also filed but since no relief could be obtained in the suit, the instant petition has been preferred.
In my considered opinion, the writ petition is entirely misconceived as no injunction can be granted by the writ Court at the first instance.
Even otherwise, the relief claimed is a mandamus to private individuals. No mandamus can be issued to a private individual.
The writ petition is misconceived and is dismissed.
Order Date :- 30.4.2019 RKM