Kanwar Pal @ Kunwar Pal vs Indraj Singh And 3 Others
2023 Latest Caselaw 18263 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 


?Neutral Citation No. - 2023:AHC:143111
 
Court No. - 1
 

 
Case :- MATTERS UNDER ARTICLE 227 No. - 5088 of 2023
 

 
Petitioner :- Kanwar Pal @ Kunwar Pal
 
Respondent :- Indraj Singh And 3 Others
 
Counsel for Petitioner :- Arvind Kumar
 
Counsel for Respondent :- CSC
 

 
Hon'ble Jayant Banerji,J.

Heard learned counsel for the petitioner.

This petition has been filed seeking the following relief:

"It is, therefore, most respectfully prayed that this Hon'ble Court may graciously be pleased to call for the records of lower courts and set aside the impugned order dated 12.2.2020 and 5.10.2021 passed by Authority Payment and Wages Act, 1936 /Additional Labour Commissioner, Muzaffar Nagar (respondent no.3) and judgment dated 16.9.2022 passed by learned District Judge Muzaffar Nagar (respondent no.4) and notice/recovery citation dated 11.4.2022 issued by Sub Divisional Magistrate, Sadar, District Muzaffar Nagar in toto."

Learned Standing Counsel, Sri Shyam Sunder has raised a preliminary objection regarding maintainability of this petition on the ground that a previous writ petition bearing Writ-C No. 40118 of 2022 was filed challenging the very orders dated 12.2.2020 and 5.10.2021 that are under challenge in the present petition.

By the order dated 12.1.2023, this Court has dismissed the previous petition as it lacked merit. Now, the present petition has been filed under Article 227 of the Constitution seeking the same relief. This is nothing but an abuse of process of the Court. If it is the case of the petitioner that the matter has been wrongly decided, it is for the petitioner to take appropriate steps against the aforesaid order dated 12.1.2023 passed in the previous Writ-C No. 40118 of 2022. This Court cannot sit in appeal over the order dated 12.1.2023.

This petition is, accordingly, dismissed with a cost of Rs. 5000/-

Order Date :- 19.7.2023

sfa/

(Jayant Banerji, J)