Court No. - 6
Case :- WRIT - C No. - 33812 of 2021 Petitioner :- Dharmavir Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Mahendra Singh Counsel for Respondent :- C.S.C.
Hon'ble Rajiv Joshi,J.
Heard Sri Mahendra Singh, learned counsel for the petitioner and Sri Pranav Ojha, learned Chief Standing Counsel for the respondent nos. 1 to 4.
The instant writ petition has been filed with the following prayer:-
"1. Issue a writ order or direction in the nature of mandamus commanding and directing the respondent no.2 to make inquiry in respect of construction of toilets as well as work done under Manrega as possible as earliest and to take appropraite action against the respondent no.5.
2. Issue a writ order or direction in the nature of mandamus commanding and directing the respondent no.2 to decide the application dated 12.03.2021 moved by the petitioner under the provisions of Section 3(1)G of the U.P. gram Panchayat (Removal of Pradhan, Up-Pradhans and Members) Enquiry Rules, 1997 within stipulated time period. "
It reflects from the record that earlier the petitioner has filed Public Interest Litigation No. 1931 of 2020, which was disposed of finally on 22.02.2021 by a Division Bench of this Court vide following orders:-
"The grievance raised in the present PIL is against the illegal activities of Gram Pradhan, Gram Panchayt Ganupura, Block-Junawai, Tehsil-Gunnaur, District Sambhal.
In our considered opinion, the petitioner has a remedy under the provisions of Uttar Pradesh Gram Panchayat (Removal of Pradhan, Up-Pradhans and Members) Enquiry Rules, 1997.
Since the petitioner has a statutory efficacious alternative remedy for redressal of the grievance raised in this PIL, we decline to entertain this public interest litigation. The petitioner would be at liberty to avail the same.
Petition stands disposed of finally in above terms."
In pursuance to the above order, the petitioner has filed an application before the District Magistrate on 12.03.2021, which is remained pending till date. The record reflects that the petitioner has no interest in the dispute which he raised by means of his application before the District Magistrate. It appears that the present petition has been filed on personal ground. He has already filed a Public Interest Litigation No. 1931 of 2020, which was disposed of by the Division Bench of this Court vide order dated 22.02.2021. A second writ petition for the same cause of action in the present capacity is not at all maintainable and is accordingly, dismissed.
Order Date :- 23.12.2021 Abhishek Singh