Deevisha Singh vs Union Of India And 2 Others
2023 Latest Caselaw 27676 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 


?Neutral Citation No. - 2023:AHC:194325
 
Court No. - 10
 

 
Case :- WRIT - C No. - 20358 of 2023
 

 
Petitioner :- Deevisha Singh
 
Respondent :- Union Of India And 2 Others
 
Counsel for Petitioner :- Kushmondeya Shahi,Tanuj Shahi
 
Counsel for Respondent :- A.S.G.I.,Dhananjay Awasthi,Manish Kumar Mishra,Rajesh Tripathi
 

 
Hon'ble Kshitij Shailendra,J.

1. Heard Shri Tanuj Shahi, learned counsel for the petitioner, learned Standing Counsel for A.S.G.I., Shri Rajesh Tripathi, learned counsel for respondent No. 1, Shri Niraj Kumar, learned counsel holding brief of Shri Dhananjay Awasthi, learned counsel for respondent No. 2 and perused the record.

2. This Court passed the following order on 24.07.2023:

"1. Although, Sri K. Shahi made a statement that he does not want to press the writ petition, considering the stand taken in the counter affidavit in which reliance has been placed over the judgment of this Court passed in Writ-C No.7659 of 2023 where the Court rejected the claim on the basis of forged document and also issued a direction that FIR may be registered against the concerned persons in the act of forgery, I feel necessary to issue further directions in this matter after providing opportunity to the petitioner to file rejoinder affidavit inasmuch as the specific stand of National Testing Agency is that Annexure No.4 to the writ petition has been fabricated by the petitioner and in place of figure '3', it has been fabricated as figure '8' in the total marks.

2. Put up this case as fresh on 10.08.2023."

3. Thereafter, rejoinder affidavit has been filed, which is on record.

4. The prayer for dismissing the writ petition as not pressed on the earlier date was declined by this Court in view of the fact that the petitioner had based his claim on the basis of forged document.

5. Today, prayer for dismissing the writ petition as not pressed has again been made.

6. Considering the fact that writ jurisdiction has been misused by the petitioner, but at the same time permitting the writ petition to be withdrawn, the writ petition is dismissed as withdrawn with cost of Rs. 20,000/- upon the petitioner.

7. Any of the respondents shall file a copy of this order before the Collector, Kushi Nagar, who shall recover the amount of cost from the petitioner by all permissible means within a period of two months from today and shall submit a compliance report before the Registrar General of this Court.

8. The cost so recovered shall be remitted to the Registrar General of this Court, who shall redirect and utilize the same for plantation activity inside the premises of the High Court.

Order Date :- 9.10.2023

Sazia