GIRISH NARAYAN SHUKLA v. STATE OF U P AND 5 OTHERS
WRIC/3446/2021 · 2025-10-27
body2025
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[ 2025 DAILYLAW 172362 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 172362 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD WRIT - C No. - 3446 of 2021 Court No. - 2 HON'BLE PRAKASH PADIA, J.
HON'BLE VIVEK SARAN, J.
1. Heard Sri Ramesh Chandra Tiwari, learned counsel for the petitioner and learned Standing Counsel for the respondent nos. 1 to 5.
2. The petitioner has preferred the present petition, inter-alia with the following prayers:-
"i. To issue a writ, order or direction in the nature of mandamus directing the Respondent No.3 to comply the order dated 20.12.2017 passed in application of the petitioner. ii. To issue a writ, order or direction in the nature of mandamus directing the Respondent concerned to decide the representation dated 3.11.2020 pending before the District Magistrate i.e. Respondent No.2."
3. While going through the representation dated 3.10.2020 and also from the perusal of the averments as contained in the writ petition, we are of the opinion that the petitioner is seeking relief against respondent No.6/Lal Bahadur Yadav, which is a private entity and the writ petition under Article 226/227 of the Constitution of India is not maintainable against the private persons and if the petitioner is aggrieved with the act of private individuals, he has common law remedy for redressal of his Versus Counsel for Petitioner(s) : Ramesh Chandra Tiwari Counsel for Respondent(s) : C.S.C. Girish Narayan Shukla .....Petitioner(s) State Of U P And 5 Others .....Respondent(s)
grievances. 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 present petition is dismissed with the liberty to avail the common law remedy, if so advised. October 28, 2025 Kamarjahan WRIC No. 3446 of 2021 2 (Vivek Saran,J.) (Prakash Padia,J.) Digitally signed by :- KAMARJAHAN ANSARI High Court of Judicature at Allahabad