Girish Chandra Mishra vs State Of U.P. And Others S
2011 Latest Caselaw 1408 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 39
 

 
Case :- WRIT - A No. - 24735 of 2011
 

 
Petitioner :- Girish Chandra Mishra
 
Respondent :- State Of U.P. And Others S
 
Petitioner Counsel :- Sushil Kumar Srivastava,Sandeep Kumar Srivastava,Vijay Kumar Rai
 
Respondent Counsel :- C.S.C.
 

 
Hon'ble V.K. Shukla,J.

Present writ petition has been filed with the prayer that a writ of mandamus be issued commanding the respondents to pay compensatory honourarium to the petitioner. Record in question reflects that earlier petitioner had filed writ petition, which was disposed of with certain directives. Pursuant to the said directives decision has been taken by the authority concerned and by means of the same claim of petitioner has been rejected vide order dated 29.06.2010. In the body of the writ petition no prayer has been made for certiorari, and in this background the office while reporting the writ petition has proceeded to mention that it is case of no limitation. Now the petitioner has moved Amendment Application for quashing of the aforementioned order dated 29.06.2010. The prayer made by the petitioner for a writ of mandamus cannot be accorded by any means unless and until there is a prayer for certiorari seeking quashing of order dated 29.06.2010, as such Amendment Application is allowed and the counsel for the petitioner is permitted to incorporate the amendments prayed for in the body of the writ petition. Further office is directed to submit fresh report as to limitation, as on the face of prayer for issuing a writ of certiorari being there, the writ petition would be barred by limitation.

Confronted with this situation, learned counsel for the petitioner seeks time to file affidavit explaining delay and latches in preferring present writ petition. Request made is accepted. One month's time is allowed for this purpose.

List after one month.

Order Date :- 28.4.2011

SRY