Liyakat Ali And Another vs State Of Up And 3 Others
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Allahabad High Court

Liyakat Ali And Another vs State Of Up And 3 Others on 11 November, 2024

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 


?Neutral Citation No. - 2024:AHC:176887
 
Court No. - 78
 

 
Case :- WRIT - C No. - 26849 of 2024
 

 
Petitioner :- Liyakat Ali And Another
 
Respondent :- State Of Up And 3 Others
 
Counsel for Petitioner :- Jaideep Pandey,Kushagra Srivastava
 
Counsel for Respondent :- C.S.C.
 

 
Hon'ble Vinod Diwakar,J.
 

1. Heard learned counsel for the petitioners, learned A.G.A. for the State-respondent, and perused the material on record.

2. The petitioners' case is that the petitioner no.1 has solemnized his marriage with petitioner no. 2 and are living as husband and wife against the wishes of their respective parents, therefore, apprehend threat to their lives by them. In the given background, the petitioners have preferred the instant petition for seeking direction to the police/respondents to take appropriate measures to protect their lives.

3. Per contra, learned A.G.A. submits that the Division Bench of this Court in Asha Devi & Anr. v. State of U.P. and 3 Ors (Writ C-18743 of 2020) held and reiterated the settled law by the Supreme Court in a plethora of judgments about issuing a mandamus under Article 226, the Court must determine that the aggrieved person has a legal right that has been infringed. A mandamus is a command directing a person, corporation, inferior Court, or government to perform a specified public duty. It is issued against public authorities, administrative bodies, or anyone with a statutory or common law duty. The applicant must prove a legal right to the performance of this duty at the time of the petition.

4. Admittedly, the petitioner no.1 is already married to one Smt. Shabana and has not taken divorce from his earlier wife and entered the second marriage with petitioner no.2, therefore, no writ under Article 226 is issued in their favour. The instant petition is devoid of merits and is, accordingly, dismissed.

Order Date :- 11.11.2024

Prajapati

Justice Vinod Diwakar