SHIVANI KASHYAP AND ANOTHER v. STATE OF UTTAR PRADESH AND 6 OTHERS
WRIC/15556/2025 · 2025-05-15
Saurabh Srivastava
body2025
DailyLaw.ai
[ 2025 DAILYLAW 58196 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 58196 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC:82706 Court No. - 74 Case :- WRIT - C No. - 15556 of 2025 Petitioner :- Shivani Kashyap And Another Respondent :- State Of Uttar Pradesh And 6 Others Counsel for Petitioner :- Shailesh Kumar Shukla Counsel for Respondent :- C.S.C. Hon'ble Saurabh Srivastava,J.
1. Heard learned counsel for the petitioners, learned Standing Counsel for the State-respondents and perused the material on record.
2. The petitioners' case is that the petitioner no.1 is having live-in- relationship with petitioner no. 2 against the wishes of respondent nos.4 to 7 as well, therefore, apprehend threat to their lives by him. In the given background, the petitioners have preferred the instant petition for seeking direction to the police/respondents to take appropriate measures to protect their lives.
3. Per contra, learned Standing Counsel submits that the Division Bench of this Court in Asha Devi & Anr. v. State of U.P. and 3 Ors (Writ C-18743 of 2020) held and reiterated the settled law by the Supreme Court in a plethora of judgments about issuing a mandamus under Article 226, the Court must determine that the aggrieved person has a legal right that has been infringed. A mandamus is a command directing a person, corporation, inferior Court, or government to perform a specified public duty. It is issued against public authorities, administrative bodies, or anyone with a statutory or common law duty. The petitioners must prove a legal right to the performance of this duty at the time of the petition.
4. Admittedly, the petitioner no.1 is having live-in-relation with petitioner no.2 and as such no writ under Article 226 is issued in their favour.
5. In view thereof, the instant petition is devoid of merits and is, accordingly, dismissed. Order Date :- 16.5.2025 #Vik/- Digitally signed by :- VIKRAM GUPTA High Court of Judicature at Allahabad