RAJEEV VERMA Vs. STATE

JUDGEMENT

(1.) Impugned is the judgment dated 12-8-2005 passed in OWP No. 355/2005 in terms of which the writ petition has been dismissed by holding that the writ petition in effect appears to be an appeal against the impugned order (i.e. order of District Magistrate) so cannot sustain, particularly when it neither contains anything to suggest exercise of power not vested in the District Magistrate or his failure to exercise the power vested in him, nor attributes any malafides to the competent authority.

(2.) It is contended that though the appellate forum is available but the District Magistrate has failed to exercise the power vested in him, therefore, recourse to invoking extraordinary power of this Court has been resorted to.

(3.) The factual matrix of the matter is required to be precisely noticed so as to appreciate the controversy in its right perspective: