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2025 DAILYLAW 109962 (ALL)

SURESH CHANDRA NIGAM AND 3 OTHERS v. State of UP AND 4 OTHERS

WRIC/40751/2024 · 2025-03-17

Prakash Padia

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:38661 Court No. - 33 Case :- WRIT - C No. - 40751 of 2024 Petitioner :- Suresh Chandra Nigam And 3 Others Respondent :- State Of Up And 4 Others Counsel for Petitioner :- Roopesh Kumar Nigam,Udantika Counsel for Respondent :- Achal Singh,C.S.C. Hon'ble Prakash Padia,J. 1. List of fresh cases has been revised but nobody is present on behalf of the petitioner to press the petition though learned Standing Counsel for respondent Nos.1 to 3 and Sri Achal Singh, learned counsel for the respondent No.4/Gaon Sabha is present. 2. The petitioners have preferred the present writ petition with the following prayer:- (a). Issue a writ, order or direction in the nature of mandamus restraining the respondent No.5 not the create hindrance on the peaceful possession of petitioners over the gata No.area about 4.1830 hectare situated at Village Fattepurwa Tehsil Maudaha District Hamirpur. 3. From perusal of the record, it is clear that the petitioner sought the relief against the respondent No.5/Pratima Nigam who is a private person. It is settled law that relief sought against the private individuals cannot be granted under writ jurisdiction. Law in this connection is well settled that mandamus cannot be issued against the private individuals and the appropriate remedy lies under the common law. 4. In this view of the matter, the Court is of the opinion that the present petition be dismissed as not maintainable. 5. Since nobody is present on behalf of the petitioner even in the revised call, the present petition is dismissed in default. Order Date :- 18.3.2025/saqlain Digitally signed by :- SYED MOHAMMAD SAQLAIN HAIDER High Court of Judicature at Allahabad