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2025 DAILYLAW 17317 (ALL)

SMT. ARTI DEVI v. STATE OF U.P. AND 10 OTHERS

WRIC/3906/2025 · 2025-03-18

Prakash Padia

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:39803 Court No. - 33 Case :- WRIT - C No. - 3906 of 2025 Petitioner :- Smt. Arti Devi Respondent :- State Of U.P. And 10 Others Counsel for Petitioner :- Pramod Kumar Mishra,Suneel Kumar Mishra Counsel for Respondent :- C.S.C.,Sudhir Bharti Hon'ble Prakash Padia,J. 1. The petitioner has preferred the present petition inter-alias with the following prayers:- "a. Issue a writ order or direction in the nature of writ of Mandamus directing the respondents no.3 to consider and decide the application/representation with regard to restrain the respondent nos. 7 to 11 for illegal act of destroyed the government way (Kharanja) situates at Village Dhokaraha, Tola Katara, Tehsil Tamkuhiraj, Police Station Baravapatti, District Kushinagar and also open the way for villagers of the petitioner as (Annexure No.-8) to this Writ Petition. b. Issue a writ order or direction in the nature of Mandamus directing the respondent's authorities to take appropriate action against the persons who has involved in destroyed the public way by the respondent nos. 7 to 10." 2. Learned Standing Counsel as well as learned counsel appearing on behalf of Gaon Sabha submit that if the petitioner is aggrieved against private individuals then the proper course open for her is to apply for common law remedy. 3. From perusal of the record, it is clear that the petitioner wants relief against the private individuals which 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 present petition is dismissed with the liberty to avail the common law remedy, if so advised. Order Date :- 19.3.2025 Swati Digitally signed by :- SWATI PATHAK High Court of Judicature at Allahabad