Court No. - 29
Case :- WRIT - C No. - 15523 of 2018 Petitioner :- Phool Chandra Sakya Respondent :- Meera Sakya And 3 Ors Counsel for Petitioner :- Anurag Bhatt Counsel for Respondent :- C.S.C.,Manoj Kumar Mishra
Hon'ble Govind Mathur,J. Hon'ble Jayant Banerji,J.
This petition for writ is preferred to have relief as follows:-
"(i) issue a writ, order or direction in the nature of writ of mandamus commanding the respondent no.2 (District Magistrate, Kasganj) to consider the representation dated 13.01.2015 of the petitioner regarding the appointment of respondent no. 1.
(ii) issue a writ, order or direction in the nature of mandamus commanding the respondent no. 3 to disclose the information regarding the domicile certificate of the respondent no. 1."
Though the petitioner has prayed to have a direction for respondent no. 2-District Magistrate, Kasganj to consider and decide the representation dated 13.01.2015 submitted by the petitioner but on going through the representation dated 13.01.2015, it reveals that the petitioner has raised certain objections with regard to appointment of respondent no. 1, namely, Meera Sakya as Anganbadi Karyakarti.
On asking about locus of the petitioner, learned counsel stated that, as a matter of fact, father-in-law of respondent no.1 lodged a criminal case against the petitioner and, therefore, the petitioner is challenging appointment of respondent no.1.
The fact stated clearly indicates that the petitioner has submitted the representation only to settle his personal vendetta and that is sufficient to establish malicious intention on his part.
The instant petition for writ, as such, is nothing but an abuse of the process of Court. The writ petition, hence, is dismissed with a cost of Rs. 10,000/-. The cost imposed is to be deposited with Uttar Pradesh Legal Services Authority within a period of one month from today. In the event of failure to deposit the cost, the same shall be recovered as a due of land revenue from the petitioner. A copy of this order be forwarded to the Secretary, U.P. Legal Services Authority.
Order Date :- 30.4.2018 Shubham .
(Jayant Banerji,J.) (Govind Mathur,J.)