Court No. - 1
Case :- PUBLIC INTEREST LITIGATION (PIL) No. - 1389 of 2020 Petitioner :- Suresh Kumar Respondent :- State Of U.P. And 9 Others Counsel for Petitioner :- Hari Shanker,Raj Kumar Singh Counsel for Respondent :- C.S.C.,Azad Rai
Hon'ble Vivek Agarwal,J.
1. Heard Sri Rajesh Kumar Singh along with Sri Raj Kumar Singh and Hari Shankar, learned counsel for the petitioner and Sri V.K. Nagaich, learned Standing Counsel for the State.
2. None for the Gaon Sabha.
3. As per order of this Court dated 11.01.2021, Mr. Vijay Yadav, Tehsildar, Bhadohi is present in person.
4. Petitioner-Sri Suresh Kumar and Sri Ashish Kumar Singh so called 'Pairokar' are also present in person.
5. Suresh Kumar has admitted in front of Mr. Vijay Yadav that on the earlier date, he had given a wrong statement before the Court under some fear, which he is still fearsome to disclose but now is in a position to concede that he had met the Tehsildar and had informed him that he had not filed this petition.
6. Today, he categorically admits that he had met the Tehsildar and informed him that he had not given any papers for filing a petition in the High Court. Later on, he submits that he had signed a Vakalatnama in the district court but, that was for filing a case before the district court.
7. Petition is not supported by any affidavit of the petitioner, but is supported by a declaration of the counsel.
8. Sri Suresh Kumar submits that he is illiterate person and he may be pardoned for his known or inadvertant lapses.
9. Sri Ashish Kumar Singh, Pairokar of the case is also present. He submits that he is working in a Tawa Carpet Manufacturing Unit. It is not spelled out as to since when he is working as a employee of a Tawa Carpet Manufacturing Unit, and in which capacity, and under what authority he is acting as a part-time tout to bring cases to the lawyers.
10. I am constraint to make this factual observation in the light of the admission made by Suresh Kumar-petitioner that Ashish Kumar Singh is from the same village as that of the petitioner and he had introduced him to the concerned lawyer at district court, Bhadohi, Gyanpur. He admits that Sri Hari Shankar also belongs to the same area.
11. Sri Hari Shankar, at this stage, tenders unconditional apology and submits that out of necessity and zeal to bring work to High Court, he had fallen in the trap of some unscrupulous persons but shall be more careful in future. He shall not repeat such mistakes in future.
12. There is a report of the Tehsildar dated 04.01.2021 clearly depicting that land contained in Gata No.73 is recorded as that of Sankramani Bhoodhari to the extent of 1.389 hectare. In the revenue records 0.379 hectare land has been recorded as Ushar.
13. On part of this Ushar, 'Holika Dahan' takes place and there is a temple situated on road. On 0.090 hectare road is included and remaining 0.289 hectare is vacant. It is also mentioned that some persons had tried to encroach upon land used for purpose of Holika Dahan, but that was stopped and now land is vacant.
14. Prima facie there appears to be substance in the charge recorded by the Sub-Divisional Officer that Suresh Kumar i.e. the petitioner had not filed this writ petition in the present form and shape and his documents have been misappropriated with some ulterior motives.
15. Sri Suresh Kumar-petitioner also tenders unconditional apology and submits that he shall be careful in future and shall not allow his name to be misused for any ulterior motives or litigation.
16. Sri Ashish Kumar Singh, Pairokar also submits that his intention was only to help Suresh Kumar and had no intention of duping him of his documents to be used for some ulterior purpose. He submits that neither he in person nor Sri Hari Shanker has any personal interest in the land in question. They have no enmity with the private respondents. He assures that he shall not indulge in any of such tactics in future and will concentrate on his work.
17. In view of such facts, petition is dismissed and taking a very lenient and humanistic approach for the present, Sri Hari Shankar, learned counsel for the petitioner, Sri Ashish Kumar Singh so called Pairokar and the petitioner-Suresh Kumar are warned to be careful in future and not to act in derogation of established legal provisions and principles in future failing which this order can be used against them and if any of them singularly or collectively is found involved in such kind of malicious litigation, they will at once be punished taking a very stern view.
18. Petition is, accordingly, dismissed.
Order Date :- 13.1.2021 Ashutosh