Court No. - 21
Case :- WRIT - C No. - 15089 of 2019 Petitioner :- Sudarshana And 2 Others Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Shiv Kant Mishra Counsel for Respondent :- C.S.C.,Suresh Singh
Hon'ble Pradeep Kumar Singh Baghel,J. Hon'ble Rohit Ranjan Agarwal,J.
Learned counsel for the petitioners seeks leave of the Court to withdraw the petition. The petitioners have sought the following relief:
"i. Issue a writ, order or direction in the nature of Mandamus commanding the respondent authority to forthwith allot 7% developed land to the petitioners in terms of the decision taken in 20th (Annexure No.4) and 22nd (Annexure No.5) meeting of the board of Yamuna Expressway Industrial Development Authority."
From a perusal of the material on record we find that the petitioners are seeking a writ of mandamus. It is a well settled law that a writ of mandamus can be issued only if the statutory authority has failed to perform duties in respect of the demand made by the petitioner. There is no such demand, hence the writ of mandamus cannot be issued. Reference may be made to the judgment of the Supreme Court in the case of Dr. Rai Shivendra Bahadur v. Governing Body of the Nalanda College, Bihar Sharif and others, AIR 1962 SC 1210, which has been consistently followed by the Supreme Court.
Accordingly, the writ petition is dismissed at this stage. No order as to costs.
Order Date :- 30.4.2019 Digamber