(1.) The petitioner instituted a Original suit No. 416 of 1998 against the respondent No. 2, Mohd. Afsar. In that suit, he sought an interim injunction restraining the defendant from dispossessing the petitioner from the shop in question.
(2.) The trial Court refused the interim injunction. The appeal preferred by the petitioner has also been dismissed. Hence this writ petition.
(3.) A Full Bench decision of this Court in the case of Ganga Saran Vs. Civil Judge Hapur, AIR 1991 Alld 114 : 1991 (1) ARC 231 (FB) , has held that such a writ petition would not be maintainable because a mandamus cannot be issued to a private individual under Art. 226 of the Constitution of India, unless that private individual was under statutory duty to perform the act which is sought to be enforced by the interim injunction. For this proposition, the Full Bench relied upon a direct decision of Supreme Court in the case of Qamaruddin Vs. Rasul Baksh, reported in 1990 AWC 308 : 1990 (1) ARC 250 (SC) : 1990 SCFBRC 76 . The relevant word of that decision are "a writ of mandamus can not be issued to a private individual unless he is under the statutory duty to perform the public duty.