Hazarat Ali vs State Of U.P. And Others
2014 Latest Caselaw 1201 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 35
 

 
Case :- WRIT - A No. - 2377 of 2011
 

 
Petitioner :- Hazarat Ali
 
Respondent :- State Of U.P. And Others
 
Counsel for Petitioner :- B. D. Pandey
 
Counsel for Respondent :- C. S. C.,Neeraj Shukla,R.N.Singh,R.N.Singh Yadav,V.P. Shukla
 

 
Hon'ble Attau Rahman Masoodi,J.

Heard learned counsel for the petitioner, learned Standing Counsel appearing for respondent no. 1,2 and 3 , Sri Neeraj Shukla, learned counsel for respondent no. 4 and Sri V.P. Shukla, learned counsel appearing for respondent no.5 and perused the record.

By means of this writ petition, the petitioner has prayed for a writ of mandamus against respondent no.3 to decide the claim of the petitioner regarding payment of honorium and a representation to this effect as  contained in Annexure No. 9 to the writ petition  is stated to be pending.  The factual dispute raised in the representation cannot be decided by this Court in exercise of writ jurisdiction under Article 226 of the Constitution of India.

In view of above, the petitioner is permitted to make a fresh representation regarding his grievance  as raised in the writ petition  before respondent no.3  within a period of 15 days from today. If such a representation is made before respondent no.3, the same shall be considered and decided by passing a reasoned and speaking order within a period of three months from the date of making such a representation along with the certified copy of this order. It is also provided that while deciding the representation,  respondent no. 3 may provide an opportunity of hearing to respondent no. 5.

With these observations/directions, the writ petition stands disposed of.

Order Date :- 24.4.2014

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(Attau Rahman Masoodi J. )