Allahabad High Court
Ajay Singh In (In Wpil 27598 Of ... vs State Of U.P. Thru. Prin. Secy. ... on 29 July, 2022
Bench: Ramesh Sinha, Vivek Varma
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
?Court No. - 1
Case :- CIVIL MISC REVIEW APPLICATION No. - 107 of 2022
Applicant :- Ajay Singh In (In Wpil 27598 Of 2021)
Opposite Party :- State Of U.P. Thru. Prin. Secy. Urban Deptt. Civil Secrt. Lko. And Others
Counsel for Applicant :- Anu Pratap Singh
Counsel for Opposite Party :- Anurag Tripathi,Hemant Kumar Mishra,Satish Chandra Kashish
Hon'ble Ramesh Sinha,J.
Hon'ble Vivek Varma,J.
The Court has convened through Video Conferencing.
Reply to the affidavit of the Superintendent of Police, Gonda dated 25.07.2022 filed on behalf of the review applicant is taken on record.
The review applicant, while presented himself to be a responsible citizen of country and always helpful to poor person including children as well as needy person, had preferred P.I.L. Civil No. 27598 of 2021, raising the issue of unauthorizedly occupying the large land of the State, bearing No. 471, 472, 473 and 474 situate in Tehsil Mankapur, District Gonda, by the private respondent. This Court, after taking into consideration criminal history of the writ petitioner/review applicant, dismissed the writ petition with costs of Rs.5,00,000/- to be paid/deposited by the review applicant vide judgment and order dated 26.11.2021, which is sought to be reviewed by means of the instant review application.
Heard Shri Anu Pratap Singh, learned Counsel for the review applicant/writ petitioner, Shri V.P. Nag, learned Standing Counsel for the State and Shri Hemant Kumar Mishra, learned Counsel for the respondent no.7 and perused the material brought on record.
It transpires that as per paragraph-4 of the affidavit filed on behalf of Superintendent of Police, Gonda, 36 criminal cases/F.I.R. were lodged against the review applicant, out of which 09 cases are still pending. In response, the review applicant had filed a reply to the aforesaid affidavit, wherein it has been stated by the review applicant that out of nine cases, three cases have already been decided and six cases are pending.
At this stage, learned Counsel for review applicant argued that presently, only six cases are pending against the review applicant but as the same was not mentioned in the writ petition, this Court, while dismissing the writ petition, imposed the cost of Rs.5,00,000/- upon the writ petitioner by means of the order under review. He argued that the writ petitioner had raised the public cause in a good faith in the public interest litigation, therefore, in the interest of justice, costs imposed against the writ petitioner may be reduced and citation dated 11.05.2022 issued in pursuance of the impugned order under review by the Tehsildar, Mankapur, Gonda be quashed.
Learned Counsel for the respondents has no objection to the aforesaid prayer of the learned Counsel for the review applicant.
Considering the aforesaid submissions of the learned Counsel for the parties, particularly the undisputed fact that six criminal cases are pending against the writ petitioner/review petitioner and the same has not been disclosed by the review applicant/writ petitioner while filing P.I.L. Civil No.27598 of 2021 rather in P.I.L. Civil No. 27598 of 2021, review applicant/writ petitioner presented himself to be a responsible citizen of the Country and did not approach this Court with clean hands as six criminal cases has admittedly been pending against the review applicant at the time of filing P.I.L. Civil No. 27598 of 2021 but now taking into consideration the prayer made by the learned Counsel for review applicant/appellant to reduce the costs imposed upon him in the interest of justice, the cost imposed against the writ petitioner/review petitioner by means of the judgment under review is reduced to Rs.15,000/-, which shall be deposited by the review petitioner in the account of Oudh Bar Association of this Court for purchase of books for Library within three weeks from today as has been assured to the Court by Shri Vinod Kumar Singh and Shri Anu Pratap Singh, learned Counsel for the review applicant, failing which the cost shall be realized from the writ petitioner/review petitioner as arrears of land revenue.
As this Court hereinabove has reduced the cost to Rs.15,000/-, this Court provides that the citation dated 11.05.2022 issued against the review applicant in pursuance of the impugned order under review dated 26.11.2021 by the Tehsildar, Mankapur, Gonda shall not be given effect to and consign to record.
The judgment and order dated 26.11.2021 is modified/reviewed to the aforesaid extent only.
The instant review application is, accordingly, disposed of.
At this juncture, Shri Hemant Kumar Mishra, learned Counsel for the private respondent No.7 submits that the review applicant has filed an application under Section 340 Cr.P.C. (C.M. Application No. 2 of 2022) in P.I.L. Civil No. 27598 of 2021 and the same is pending disposal.
Per contra, learned Counsel for the review applicant submits that the application filed on behalf of review applicant/writ petitioner under Section 340 Cr.P.C. (C.M.Application No. 2 of 2022) in P.I.L Civil No. 27598 of 2021 may be dismissed as withdrawn as he does not want to press the same.
Considering the aforesaid submissions of the learned Counsel for the parties, application filed on behalf of review applicant/writ petitioner under Section 340 Cr.P.C. (C.M.Application No. 02 of 2022) in P.I.L Civil No. 27598 of 2021 is dismissed as not pressed.
Office is directed to place a copy of this order in P.I.L. Civil No. 27598 of 2021.
The Senior Registrar of this Court is directed to send a copy of this order to the District Magistrate, Gonda for information and necessary compliance.
(Vivek Varma, J.) (Ramesh Sinha, J.)
Order Date :- 29.7.2022
Ajit/-
