Court No. - 32
Case :- WRIT - C No. - 14735 of 2019 Petitioner :- Rajkumar Gupta Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Smriti Counsel for Respondent :- C.S.C.
Hon'ble Shashi Kant Gupta,J. Hon'ble Pankaj Bhatia,J.
This writ petition, inter alia, has been filed for the following reliefs;
"(i) Issue writ, order or direct in the nature of mandamus commanding the respondent no. 3 to take necessary action after fair inquiry on the spot so that justice be done against the local residents of the area starts from old Police Station to Rani Bazar and immediately stop the construction and demolition which is not according to the project.
(ii) Issue writ, order of direct in the nature of mandamus commanding and directing respondent no. 3 i.e. District Magistrate/SDM, Varanasi and respondent no.4 i.e. Executive Engineer, Public Works Department, Varanasi to consider and decide the representation dated 29.11.2018 under the light of Uttar Pradesh Road Side Land Control Rules, 1964 and guidelines of Pradhanmantri Gram Sadak Yojana within stipulated time as directed by the Hon'ble High Court in the present case."
Heard learned counsel for the petitioner and perused the record.
A perusal of the record shows that earlier also the petitioner had filed a Writ C No. 12903 of 2009 before this Court for the same cause of action as in the present writ petition. The said writ petition was dismissed by this Court by order dated 15.4.2019. Despite the fact that earlier writ petition was dismissed by this Court, again the second writ petition has been preferred before this Court for the same cause of action.
In view of the above, the second writ petition is not maintainable and is, accordingly, dismissed.
Order Date :- 26.4.2019/vinay