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High Court of Punjab and HaryanaCWP/20638/2017dismissed

Dalbir Singh v. State Of Haryana And Others

2017-09-27Mr. Justice R.P. Nagrath2 pages

Vinod Kumar 2017.10.04 10:27 I attest to the accuracy and integrity of this document CWP No.20638 of 2017 [ 1 ] *****

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH CWP No.20638 of 2017 Date of decision:27.09.2017 Dalbir Singh

...Petitioner

Versus

State of Haryana and others

...Respondents

Coram:

Hon'ble Mr. Justice Rakesh Kumar Jain

Present:

Mr. Sandeep Goyat, Advocate, for the petitioner.

***** Rakesh Kumar Jain, J.

The petitioner has prayed for a writ in the nature of mandamus seeking a direction to respondents no.1 to 5 to take appropriate action against respondent no.6 in terms of the letter dated 21.12.2016 of respondent no.5. It is alleged by the petitioner that he had made an application on 30.09.2016 to respondent no.2 for removal of water siphon laid underneath his house for the exit of water flow of abadi deh as it may cause loss to him. Another application was made by the petitioner to respondent no.3 for stopping of dirty water flow from the streets to his land. Similar application was filed by the petitioner to respondent no.5 and, ultimately, to respondent no.2.

In the entire petition, there is no reference of any law which is alleged to have been violated by the official respondents and as a matter of fact, the petitioner has only made a reference of various Annexures in his petition and framed the questions of law, without justifying in the writ petition as to which law has been violated by the official respondents. The petitioner has also made a vague request for seeking direction to all the official respondents no.

CWP No.20638 of 2017 [ 2 ] ***** writs, being filed in this Court, in which the petitioner(s) is/are asking for mandamus.

It is well settled that a writ of mandamus can be issued only if the petitioner proves his statutory right and the corresponding duty upon the official respondents to redress his grievance. It is also to be noticed that in a writ of mandamus, the petitioner should pertinently seek direction only against the authority, who under law, is obliged to redress the grievance of the petitioner so that an appropriate direction could be issued by the Court to the concerned authority. Such type of writ petitions, in which vague requests are being made for seeking direction to various authorities who might not be obliged to redress the grievance of the petitioner(s), no direction canbe issued by this Court.

Consequently, the present writ petition is hereby dismissed on this ground alone.

September 27, 2017 (Rakesh Kumar Jain) vinod* Judge Whether speaking/reasoned :

Yes/No Whether reportable :

Yes/No