JUDGMENT Arun Tandon, J.
1. Heard Sri S.D. Dubey, Advocate on behalf of petitioner and learned Standing Counsel on behalf of the respondent nos. 1 to 3.
2. Despite stop order being passed, no counter affidavit has been filed on behalf of the respondents till date.
3. The petitioner, Ganeshi Lal was appointed as F Price Shop Agent in respect of shop of village Hamirpur, Block Saidnagar, Tehsil Sadar, District Rampur. The appointment of the petitioner, as such, was cancelled under order of the Sub-Divisional Magistrate, Sadar, Rampur dated 7th October, 2002. Feeling aggrieved by the aforesaid order of the Sub-Divisional Magistrate, the petitioner preferred an appeal before the Commissioner, Moradabad Division, Moradabad in accordance with the Government Order applicable. The said appeal was registered as Appeal No. 10/2002-03. The appeal so preferred by the petitioner, was dismissed by the Commissioner; Moradabad Division, Moradabad vide order dated 6th August, 2003 and it was held that the appeal preferred by the petitioner was not maintainable in view of quashing the Government Orders dated 3rd July, 1990 and dated 13th January, 2000 by the Hon'ble High Court. Feeling aggrieved by the aforesaid order of the Commissioner, the petitioner filed a writ petition being Civil Misc. Writ Petition No. 45071 of 2003 (Ganeshi Lal v. State of U.P. and Ors.). In the said writ petition the petitioner was granted an interim order by this Court vide order dated 1st October, 2003. However, in paragraph-11 of the writ petition it is stated that the said writ petition filed by the petitioner was ultimately dismissed by the Hon'ble Single Judge (Hon. Anjani Kumar J.) of this Court vide judgment and order dated 1st March, 2004 along with other connected writ petitions and it was held that the writ petition is not maintainable. It is further submitted that against the said judgment and order of the learned Single Judge, Special Appeal No. 323 of 2004 has been filed, which is still pending and the matter has been referred to the Larger Bench of this Court. However, the petitioner approached the Commissioner, Moradabad Division, Moradabad by means of another appeal, which was registered as Appeal No. 121 of 2004-05 against the earlier order of the Sub-Divisional Magistrate, Sadar, Rampur dated 7th October, 2002. The Additional Commissioner (Food), Moradabad Division, Moradabad by means of the order dated 2nd March, 2005 dismissed the appeal so preferred by the petitioner. Against the earlier order of the Sub-Divisional Magistrate dated 7th October, 2002 as well as against the order of the Additional Commissioner dated 2nd March, 2005 the petitioner has now filed the present writ petition.
4. The Court is satisfied that the proceedings initiated by the petitioner before the Commissioner by means of an appeal for the second time being Appeal No. 121 of 2004-05 as well as the present writ petition is an abuse of process of the Court and it is an effort to interfere with the administration of justice. The earlier appeal of the petitioner against the same order of the Sub-Divisional Magistrate, Sadar, Rampur dated 7th October, 2002, was dismissed by the Commissioner, he approached this Court by means of Civil Misc. Writ Petition No. 45071 of 2003, wherein he succeeded to grant an interim order. However, the said writ petition filed by the petitioner was ultimately dismissed.
5. It is thus admitted to the petitioner that the earlier order passed by the Sub Divisional Magistrate dated 7th October, 2002 as well as the earlier order passed by the Commissioner dated 6th August, 2003 stood affirmed with the dismissal of his earlier writ petition No. 45071 of 2003. Therefore, there was no occasion for the petitioner to file the second Appeal before the Commissioner being Appeal No. 121 of 2004-05. It is further surprising to note that the petitioner has tried to mislead the Court by stating in paragraph-11 of the writ petition that an Special No. 323 of 2004 has been filed before this Court challenging the order of learned Single Judge (Hon. Anjani Kumar J.) dated 1st March, 2004, thus an effort to take benefits of the pending of special appeal filed by other persons and not by the petitioner. The Court is of the opinion that since the writ petition filed by the petitioner against the earlier order of the Commissioner dated 6th August, 2003 has been dismissed and the order of the writ Court has not been challenged the petitioner, the said judgment is binding upon the petitioner and he could not re-open the controversy by filing another appeal before the Commissioner. Accordingly it is held that the petitioner is not entitled to the protection of Article 226 of the Constitution of India, the present writ petition cannot be entertained. Persons, like the petitioner, who take law in their own hand, cannot be permitted to ago scot-free, and therefore, it is necessary that exemplary cost must be imposed upon the petitioner. Accordingly it is directed that the petitioner shall pay a cost of Rs. 10,000/- within one month to the District Magistrate, Rampur. In case of default the District Magistrate, Rampur shall recover the said amount as arrears of land revenue from the petitioner and shall transmit the amount so collected from the petitioner to the Registrar General of this Court for being deposited in the account of the High Court Legal Services Committee, Allahabad.