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Judgment
Jayanta Kumar Biswas
The petitioner in this WP under art. 226 dated March 23, 2012 is seeking the following principal relief: a) A writ in the nature of Mandamus commanding the respondents to allow the petitioner to run the Auto Rickshaw peacefully with valid permit along with other 18 valid permit holders for the route of Motiganj to Jayantipur Bazar via Bongaon Railway Station without allowing any outsider to run their Auto Rickshaw for the same route."
Counsel for the petitioner submits as follows. The petitioner is the holder of a permit that authorises him to ply an Auto Rickshaw on the route in question. Outsiders have been wrongfully plying their Auto Rickshaws on the route. The petitioner made complaints to the RTO and the police. Since no action has been taken, he is entitled to a mandamus.
In my opinion, this is a totally misconceived WP. The petitioner''s right to ply an Auto Rickshaw on the route did not entitle him to call upon the RTO and the police to see that no outsider plied any Auto Rickshaw on the route. Article 226 power is not to be exercised for passing a vague, seamless, useless and unexecutable order such as the one the petitioner wants. For these reasons, the WP is dismissed. No costs. Certified xerox.