Delhi High Court
Mohd Tufail Khan vs Government Of Nct Of Delhi & Ors. on 21 August, 2020
$~18.
* IN THE HIGH COURT OF DELHI AT NEW DELHI
% Date of Decision: 21st August, 2020
+ W.P.(C) 5518/2020
MOHD TUFAIL KHAN ..... Petitioner
Through: Mr. Rajeev Kumar Yadav, Advocate.
versus
GOVERNMENT OF NCT OF DELHI & ORS. ..... Respondents
Through: Mr. Sanjay Jain, ASG with
Mr.Rishikesh Kumar, ASC for R-1
Mr. Ripudaman Bhardwaj, SPP for
R-2/CBI
CORAM:
HON'BLE THE CHIEF JUSTICE
HON'BLE MR. JUSTICE PRATEEK JALAN
JUDGMENT
: D. N. PATEL, Chief Justice (Oral)
Proceedings of the matter have been conducted through video
conferencing.
CM APPL. 19877/2020(exemption)
Exemption allowed, subject to all just exceptions.
The application stands disposed of.
W.P.(C) 5518/2020 & CM APPL. 19876/2020 (Stay)
1. The present public interest litigation has been preferred for the
Signature Not Verified
Digitally Signed By:PANKAJ
KUMAR
Location:
Signing Date:23.08.2020
17:01:38
following prayers:-
"a) Issue a Writ or any similar order/ directions in nature of
Writ of Mandamus directing the Respondent No. 1 to delete the
name of Mr. Amanatullah Khan from Public Notice dated
07.08.2020 proposed to be elected as member of Delhi Wald
Board; and/or.
b) Issue a Writ or any similar order/ directions in nature of
Writ of Mandamus directing the Respondents Nos. 2 to carry
out proper and thorough investigation and submit detailed
report in FIR No. 9A dated 23.11.2016; and/or
c) Issue a Writ or any similar order/ directions in nature of
Writ of Mandamus directing the Respondents No. 3 to carry out
proper and thorough investigation and submit detailed report
in FIR registered against Mr.Amanatullah Khan for corruption;
and/or
d) Issue a Writ or any similar order/ directions in nature of
Writ of Mandamus directing the Respondents Nos. 2 and 3 to
carry out proper and thorough investigation in complaints
dated 21.02.2019 and 02.12.2019 and register FIR against Mr.
Amantullah Khan; and/or
e) Pass any order/ orders as this Hon 'ble Court may deem fit
and proper in the facts and circumstances of the case and in the
interest of justice."
2. Having heard learned counsel for the petitioner as well as Mr. Sanjay
Jain, learned Additional Solicitor General of India, and looking to the
averments and allegations made in the writ petition, it appears that all
canons of allegations are made by the petitioner against one Mr.
Amanatullah Khan. Even though all the prayers are against Mr.Amanatullah
Khan, he is not joined as a party respondent for the reasons best known to
the petitioner. Mr. Amanatullah Khan is a necessary party to this petition to
enable him to respond to the allegations levelled against him, because any
orders passed in this petition would have a direct effect on his rights.
Signature Not Verified
Digitally Signed By:PANKAJ
KUMAR
Location:
Signing Date:23.08.2020
17:01:38
3. Learned Additional Solicitor General of India appearing on behalf of
respondent No.1 submitted that the petitioner has not approached this Court
with clean hands. This petitioner has several disputes/pending litigations
with the Delhi Wakf Board. According to learned ASG, the petitioner is an
encroacher upon the property of the Wakf Board, and in a previous litigation
being W.P.(C)7435/2017 and connected matters, an order dated 23rd August,
2019 has been passed by this Court for removal of encroachment in
accordance with law, rules and Government policies applicable to those
cases.
4. We note that the elections to the Delhi Wakf Board are already under
way, and the petitioner has already filed an objection dated 13.08.2020
before the concerned authority (Annexure P-7 to the memo of the writ
petition), which is under consideration of the concerned respondent.
5. Therefore, looking to the facts and circumstances of the case, and in
view of the submissions made, and also looking to the fact that Mr.
Amanatullah Khan being a necessary party against whom the allegations in
this writ petition have been levelled, is not joined as party respondent, it
appears that this is not a bona fide public interest litigation at all.
6. Accordingly, the petition is dismissed with costs of ₹25,000/- to be
paid by the petitioner to the Delhi State Legal Service Authority within four
weeks from today. The aforesaid amount shall be utilized for the programme
"Access to Justice".
Signature Not Verified
Digitally Signed By:PANKAJ
KUMAR
Location:
Signing Date:23.08.2020
17:01:38
7. A copy of this order be sent forthwith to the Member Secretary, Delhi
State Legal Services Authority, Patiala House Courts, New Delhi.
8. With these observations, this writ petition is disposed of.
CHIEF JUSTICE
PRATEEK JALAN, J
AUGUST 21, 2020/ns
Signature Not Verified
Digitally Signed By:PANKAJ
KUMAR
Location:
Signing Date:23.08.2020
17:01:38
