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Mahendra Pal & Others v. State Of U.P. & Others - WRIT - C No. 40095 of 2006 [2006] RD-AH 12656 (1 August 2006)


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"Court No. 4"

Civil Misc. Writ Petition No. 40095 of 2006.

Mahendra Pal and others  


State of U.P. and others


Hon'ble Anjani Kumar, J

By means of present writ petition under Article 226 of the Constitution of India, the petitioners have prayed for the following reliefs :

"(a) Issue a writ, order or direction in the nature of Mandamus directing the respondents to consider and decide representation dated 19.04.2006 (Annexure - 3) pending before respondent No. 3 and to make measurement and earmarking of the lease-land in favour of the petitioners within a stipulated period.

(b) Issue any other writ, order or direction which this Hon'ble court may deem fit and proper in the circumstances of the case.

(b) Award costs."

Heard learned counsel appearing on behalf of the parties.

Learned counsel appearing on behalf of the petitioners has not been able to demonstrate that the respondent no. 3 is under any statutory obligation to put the petitioners in possession over the land in dispute illegally covered by the lease deed granted in favour of the petitioners.  In this circumstance, no writ of mandamus can be granted as prayed for by learned counsel for the petitioners.  No other point was argued by learned counsel for the petitioner.

In view of what has been stated above, this writ petition has no force and is accordingly dismissed.  However, there will be no order as to costs.

Dated: 01.8.2006.



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