Court No. - 27
Case :- WRIT - B No. - 209 of 2019 Petitioner :- Virendra Prasad Mishra And 4 Others Respondent :- State Of U P And 3 Others Counsel for Petitioner :- Arvind Kumar Rai Counsel for Respondent :- C.S.C.
Hon'ble Saral Srivastava,J.
By means of the present writ petition, the petitioners have prayed for the following reliefs:-
"(i) Issue a writ, order or direction in the nature of mandamus directing and commanding the respondents to demarcate and separate the boundary of the revenue village Mishrapura, Block Chirgaon, District Varanasi.
(ii) Issue a writ, order or direction in the nature of mandamus directing and commanding the respondents to enquire the expenditure and work of the village Mishrapura, Block Chirgaon, District Varanasi.
(iii) Issue a writ, order or direction in the nature of mandamus directing and commanding the Consolidation Commissioner, Lucknow/respondent no.2 to decide the representation moved by the petitioners dated 03.07.2018, within stipulated period as this Hon'ble Court may deem fit and proper under the facts and circumstances of the case, in accordance with law."
It is settled in law that the writ of mandamus can be issued in favour of a person who establishes his legal right and is issued against an authority which has a legal duty to perform, but has failed to do so and such legal duty should emanate either in discharge of a public duty or operation of law.
In the present case, learned counsel for the petitioners could not demonstrate from the pleadings of the writ petition that the petitioners have any legal right which the authorities are under legal obligation to perform and have failed to perform.
In view of the aforesaid said fact, the writ petition is misconceived and is accordingly dismissed.
Order Date :- 29.1.2019 S.Sharma