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2026 DAILYLAW 1879 (ALL)

MOHAMMAD SHAHNAWAZ v. STATE OF U.P. AND 4 OTHERS

WRIA/7297/2026 · 2026-05-13

Prakash Padia

body2026

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD WRIT - A No. - 7297 of 2026 Court No. - 6 HON'BLE PRAKASH PADIA, J. 1. Petitioner was given appointment on the post of peon by way of outsourcing vide letter dated 19.12.2024 issued by the Respondent No.5. 2. It is argued that the petitioner was not permitted to work without any notice from 16.09.2025, hence a letter has been written by him to the Presiding Officer Industrial Tribunal-3, Sarvodaya Nagar, Kanpur on 16.02.2026 which was decided by the Administrative Officer, Industrial Tribunal vide order dated 25.02.2026, hence the present writ petition. 3. Heard counsel for the parties and perused the record. 4. From perusal of record, it is clear that petitioner was given appointment by the private-respondent namely Respondent No.5 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. 5. In this view of the matter, the present petition is dismissed with the liberty to avail the common law remedy, if so advised. May 14, 2026 Swati Versus Counsel for Petitioner(s) : Diwakar Mishra, Rajeev Kumar Shukla, Vinod Kumar Singh Counsel for Respondent(s) : C.S.C. (Prakash Padia,J.) Mohammad Shahnawaz .....Petitioner(s) State Of U.P. And 4 Others .....Respondent(s) Digitally signed by :- SWATI PATHAK High Court of Judicature at Allahabad