Neutral Citation No. - 2025:AHC:40420-DB Court No. - 3 Case :- WRIT - C No. - 5141 of 2025 Petitioner :- Mohan Dei Respondent :- State of U.P. and Another Counsel for Petitioner :- Prabhakar Dwivedi,Shams Tabrez Ali Counsel for Respondent :- C.S.C.,Krishna Gopal Hon'ble Anjani Kumar Mishra,J. Hon'ble Jayant Banerji,J. Heard learned counsel for the petitioner and learned Standing Counsel for the respondent No.2. The writ petition has been filed seeking the following reliefs:- "(i) Issue a writ, order or direction in the nature of mandamus commanding and direting the respondents authorities and their officials and agents (respondent no.2) to change the weekly days i.e. Friday and Monday in place of Thursday and Sunday for weekly Bazar Nazar Hatti run or setup by the petitioner at village Dharpur Block Shergarh District Bareilly in pursuant to license dated 14.07.2022 issued by the respondent no.2 to petitioner. (ii) issue a writ, order or direction in the nature of mandamus commanding and directing the respondent no.2 to decide the representation of the petitioner dated 23.01.2024 and 06.06.2024 by reason and speaking order within a time bound schedule as may be fix by the Hon'ble Court." When the petition came up for admission on 20.02.2025 the following order was passed:- "1. Heard learned counsel for the petitioner, learned counsel appearing for the third respondent as well learned Standing Counsel. 2. By means of this petition, the petitioner is seeking a mandamus directing the respondent authorities to change the weekly days of the weekly Bazaar. 3. Learned counsel for the petitioner states that he is not in a position of any statutory provision today, which casts a duty upon the respondents, regarding which this mandamus is being sought. He wants some time to find out the provisions. 4. The matter is therefore, adjourned to be listed after a month." Today on the matter being taken up counsel for the petitioner states that despite his best effort he is not been able to trace out any provision of law which casts a duty upon the respondents as regard the relief of mandamus sought in this petition. He further submits that the respondent may be asked to enlighten the Court and the petitioner in this regard. In our considered opinion it is the petitioner who has approached the Court has to make out a case or atleast a prima facie case before the petition can be entertained. This has not been done. A mandamus is issued when a statutory duty, cast upon an authority, is not performed despite a demand for such performance having been made in writing. Under the circumstances and since the mandamus prayed for is with regard to something which has not been shown to be a statutory duty of the respondents, the mandamus cannot be issued. The petition is, therefore, dismissed. Order Date :- 20.3.2025 Himanshu Digitally signed by :- HIMANSHU YADAV High Court of Judicature at Allahabad