Chief Justice's Court
Case :- WRIT - C No. - 25213 of 2018 Petitioner :- Shyam Babu Singh Yadav Respondent :- Chairman/Managing Director And 2 Others Counsel for Petitioner :- Jagannath Singh,Surendra Nath Singh Counsel for Respondent :- Sanjeev Kumar Yadav,Tarun Varma
Hon'ble Dilip B. Bhosale,Chief Justice Hon'ble Yashwant Varma,J.
Heard Mr. Jagannath Singh, learned counsel for the petitioner, Mr. Tarun Varma, learned counsel for respondent Nos. 1 and 2 and Mr. Prakash Padia, learned counsel for respondent No. 3.
The primary prayer made in the writ petition reads thus:
"(i) issue a writ, order or direction in the nature of mandamus directing the respondent Nos. 1 and 2 to pass order on the application dated 11.06.2018 (Annexure No. 9 to the writ petition) pending before them."
It is not in dispute that respondent No. 3 was successful in draw of lots and accordingly result was declared on 19.12.2017. Thereafter, third respondent's candidature was cancelled on the ground that rectification lease deed was submitted by the petitioner after the last date of submission of form. That order was challenged by the third respondent by way of Writ-C No. 15653 of 2018. The said writ petition was allowed vide order dated 9.5.2018. We are informed that, after field verification, the respondent-Corporation has issued letter of intent in favour of the third respondent. In this backdrop, the petitioner after about six months made an application making grievance against the third respondent that a false information was furnished by him. We are not inclined to examine the petitioner's complaint/grievance against the third respondent at such a belated stage. Even under the guidelines a person like petitioner ought to have made application/complaint against the successful candidate within a period of one month after depositing Rs. 5,000/-. The application/complaint of the petitioner is after about six months and admittedly he has not deposited Rs. 5,000/- as required under the guidelines. In view thereof and having considered that the letter of intent has been issued in favour of the third respondent, after field verification, we are not inclined to entertain the writ petition. Petition is dismissed.
Order Date :- 30.7.2018 VMA (Dilip B Bhosale, CJ) (Yashwant Varma, J)