BABITA RANI AND ANOTHER v. STATE OF U.P. AND 3 OTHERS
WRIC/31978/2025 · 2025-09-22
Saurabh Srivastava
body2025
DailyLaw.ai
[ 2025 DAILYLAW 93842 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 93842 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD WRIT - C No. - 31978 of 2025 Court No. - 77 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 her father/respondent no.4 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. Versus Counsel for Petitioner(s) : Rajiv Sisodia, Shashank Dwivedi Counsel for Respondent(s) : C.S.C. Babita Rani And Another .....Petitioner(s) State Of U.P. And 3 Others .....Respondent(s)
5. In view thereof, the instant petition is devoid of merits and is, accordingly, dismissed. September 23, 2025 #Vik/- WRIC No. 31978 of 2025 2 (Saurabh Srivastava,J.) Digitally signed by :- VIKRAM GUPTA High Court of Judicature at Allahabad