Court No. - 7 Case :- WRIT - A No. - 71153 of 2009 Petitioner :- Mohd. Abrar Ahmad @ Babu Respondent :- Virendra Yadav And Others Petitioner Counsel :- A. Z. Khan,Azhar Hussain Respondent Counsel :- C. S. C. Hon'ble Ran Vijai Singh,J.
I have heard Sri Azhar Hussain, learned counsel for the petitioner.
This writ petition has been filed with the following prayer
1. Issue, a writ, order or direction in the nature of mandamus directing the
respondents not to dispossess the petitioner from the shop in question in
which the petitioner is running his shop and further permit the petitioner to
deposit the rent of Rs. 300/- per month in the Court under Section 30 of Rent
Control Act.
2. Issue, any other writ, order or direction as this Hon’ble Court may deem fit
and proper under the facts and circumstances of case, in favour of petitioner.
After hearing learned counsel for the petitioner, I am of the view that no such
mandamus can be issued by this Court under Article 226 of the Constitution
of India to a private individual.
The writ petition is misconceived and it is hereby dismissed.
However, dismissal of this writ petition will not preclude the petitioner to
approach the appropriate Court for obtaining injunction.
Order Date :- 6.1.2010
Pratima