High CourtsSingle Bench(2012) 03 AHC CK 0040

Sri. Ram Prasad Sewa Samiti, Shahjahanpur vs State of U.P. and others

Allahabad High Court · Decided on 15 March 2012 · Citation: (2012) 4 AWC 4175

HON’BLE JUDGES
Amreshwar Pratap Sahi, J
RESULT
Dismissed
CASE NUMBER
C.M.W.P. No. 55420 of 2008

CourtKutchehry membership

More clarity. Every judgment.

Download court copies, explore connected cases and make more of every research session.

Loading membership options…

Ask AI about this case

AI Structured Summary

Not yet generated for this judgment

Judgment

6 paragraphs · 270 words

Amreshwar Pratap Sahi, J.—Heard learned counsel for the petitioner. This petition has been filed for a mandamus that the respondent be directed to consider the application moved by the petitioner for setting up a girls'' institution under the Government order dated 20th December, 1998.

Petition was entertained and counter and rejoinder-affidavits have also been filed.

2.

In para 8 of the counter-affidavit it has been categorically stated that the petitioner has failed to provide any detail with regard to the land available to the petitioner for setting up of an institution and, therefore, the application moved could not be considered.

3.

I have perused the terms of the Government order dated 20.12.1998 and Clause 8 thereof categorically requires an applicant to furnish details of the land which is available for setting up of the institution. Admittedly, the petitioner did not supply any such details in as much as the affidavit which is being relied upon by the learned counsel for the petitioner, copy whereby of is Annexure-3 to the writ petition, no where indicates any details with regard to the land which was being offered by the petitioner for the purpose of setting up of the institution. A bald averment has been made therein that he shall provide one acre of land out of his agricultural holding without giving any details. In the absence of any such material, the Court does not find any error in the stand taken by the respondent in the counter-affidavit.

In the aforesaid circumstances the mandamus as prayed for, cannot be granted. There is no merit in the petition.

Accordingly, the writ petition is rejected.