RAMAKANT v. STATE OF U.P. THRU. PRIN. SECY. HOME DEPTT. LKO AND 4 OTHERS
WRIC/8734/2025 · 2025-09-08
Brij Raj Singh, Sangeeta Chandra
body2025
DailyLaw.ai
[ 2025 DAILYLAW 162127 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 162127 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW WRIT - C No. - 8734 of 2025 Court No. - 2 HON'BLE MRS. SANGEETA CHANDRA, J.
HON'BLE BRIJ RAJ SINGH, J.
1. Heard learned counsel for the petitioner, learned Standing Counsel, who appears for the State-opposite parties no.1 to 4 and Sri Siyaram Maurya, learned counsel, who has filed his power on behalf of opposite party no.5, which is taken on record.
2. Counter affidavit filed today on behalf of opposite party no.5 is also taken on record.
3. This petition has been filed for a Mandamus to be issued to opposite party no.3-District Home-guard Commandant, Ayodhya to decide the representation of the petitioner dated 20.01.2025 and to take appropriate action against opposite party no.5 in Criminal Case No.15 of 2025, under Sections 115(2), 352, 333, 351(3) and 324(4) of Bharatiya Nyaya Sanhita, 2023 and to initiate disciplinary proceedings against opposite party no.5- Sri Umakant Mishra.
4. It has been submitted by Sri Siyaram Maurya, learned counsel for opposite party no.5 that petitioner is the real brother of opposite party no.5 and due to family dispute, he has come before this Court with the aforesaid prayer.
5. We have gone through the representation of the petitioner dated
20.01.2025. No writ petition is maintainable or a Writ in the nature of Mandamus to be issued to opposite party no.3 to decide such Versus Counsel for Petitioner(s) : Sudhir Kumar Rai Counsel for Respondent(s) : C.S.C. Ramakant .....Petitioner(s) State Of U.P. Thru. Prin. Secy. Home Deptt. Lko And 4 Others .....Respondent(s)
representation as there is no statutory right or subsisting legal right inhering with the petitioner to make such representation and there is no corresponding duty of opposite party no.3 to decide such representation.
6. Writ petition is dismissed leaving it open for the petitioner to approach the appropriate forum. September 8, 2025 Rao/- WRIC No. 8734 of 2025 2 (Brij Raj Singh,J.) (Mrs. Sangeeta Chandra,J.) Digitally signed by :- CHEBROLU SRINIVASA RAO High Court of Judicature at Allahabad, Lucknow Bench