Uttarakhand High Court
Bhagwan Singh Khalsa vs State Of Uttarakhand & Others on 2 December, 2021
IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL
Writ Petition (PIL) No.126 of 2021
Bhagwan Singh Khalsa ........Petitioner
Versus
State of Uttarakhand & Others ......Respondents
Present:
Shri P.C. Petshali, Advocate for the petitioner.
Shri C.S. Rawat, C.S.C. for the State.
Shri Ayush Saxena, Advocate holding brief of Shri Abhishek Verma, Advocate for
respondent no.6.
Shri S.K. Mishra, J.
Shri N.S. Dhanik, J.
Date of hearing and judgment: 02.12.2021
1. Heard Shri P.C. Petshali, counsel for the
petitioner, Shri C.S. Rawat, C.S.C. for the State and Shri
Ayush Saxena, Advocate holding brief of Shri Abhishek
Verma, Advocate for respondent no.6.
2. In this Writ Petition (PIL), the petitioner has
prayed for issuance of a writ in the nature of certiorari to
quash the Status Certificate dated 22.02.2018
(Annexure-4) issued by respondent no.2 in favour of
respondent no.6 and further issue a writ in the nature of
mandamus directing the respondent nos.1 and 2 to
conduct an appropriate enquiry in the matter and take
action against the actual culprits including Tehsil
officials of Tehsil Kashipur, in accordance with law. He
has also prayed a writ in the nature of mandamus be
issued to stay the effect of status certificate dated
22.02.2018 (Annexure-4) and direct the respondent no.2
to take a decision on petitioner's representation dated
26.10.2020.
3. The petitioner has filed writ petition bearing
WPMS No.2114 of 2020, Bhagwan Singh Khalsa vs.
District Magistrate and others, which was dismissed on
05.11.2020 on the ground that the petitioner has no
locus standi to challenge the status report. Thereafter,
the petitioner preferred Special Appeal No.145 of 2021,
Bhagwan Singh Khalsa vs. District Magistrate/Collector,
Udham Singh Nagar and others, which came up before
the Division Bench headed by Hon'ble the Chief Justice
of this Court. It was dismissed as withdrawn on
02.07.2021, on the prayer of the petitioner to withdraw
the writ application to file a PIL on the same issue.
Though, no order on merit was passed, the petitioner was
granted liberty to file PIL, hence, this PIL has been filed.
It is apparent from the record that there are some
previous disputes between the petitioner and opposite
party no.6. It is very apparent from the averment in
paragraph no.1 itself which reads as follows:-
"1. ....xxxx..... It is submitted that though there is
private dispute is going on between the petitioner
and respondent no.6 but the present petition is not
a personal interest petition rather serious issues of
arbitrariness, illegality, corruption are involved in
the petition. The petitioner being resident of State
is also aggrieved like other public at large, from the
act of Tehsil authorities i.e. respondent nos.3 to 5
who prepared false reports in favour of respondent
no.6, who on the basis of the said reports obtained
a status certificate dated 22.02.2018 from
respondent no.2 wherein the financial status of
petitioner is shown ......xxxx....."
4. In course of hearing, the learned counsel for
the petitioner has vehemently submitted that there is
corruption in this case and the Tehsil Officers are
indulged in corrupt practices in issuing status certificate
in favour of the respondent. We asked the pointed
question to him about the averments he has made in this
writ petition regarding such corruption and the material
he relied upon in the writ application in support of his
contention regarding perpetuation of corruption by the
officials in connivance with the respondent no.6. He
pointed out that the petitioner has reflected in paragraph
nos.18 and 23 about such corruption. We have carefully
examined paragraph nos.18 and 23 and for the purpose
of clarity, paragraph nos.18 and 23 are also quoted
hereunder:-
"18. That the respondent no.6 by obtaining and
using the aforesaid status certificate, get success
the contract from Govt. departments working
public utilities, by which he snatched the right of
any eligible, meritorious/honest person. Hence
his status certificate including the benefit receiving
by him on said basis are liable to be cancelled
after due inquiry.
23. That the respondent no.6 has hand in gloves
with Kashipur Tehsil authorities resulting the
aforementioned illegal act, as such, the concerned
persons are liable to be punished according to
law."
5. It is apparent on the face of the record that the
petitioner does not whisper anywhere about any
particulars regarding the corruption perpetuated by the
officials of the State Government or the District
Administration in connivance with the respondent no.6.
There is absolutely no material on record to show, prima
facie, that actually corruption has taken place.
6. The learned counsel for the petitioner has
relied upon some documents and agreed that the
mathematical calculation made therein is incorrect. In
our opinion, this petition should not be gone into a PIL.
7. In that view of the matter, the petitioner has a
personal dispute with respondent no.6 which has
prompted him to approach the Court time and again and
ultimately file the writ application. Accordingly, the writ
petition is devoid of merit and the same is hereby
dismissed.
8. We also do not find any averment in the writ
petition regarding any effect of the grant of the status
report/certificate in favour of respondent no.6, have on
the general public. It is needless to say that no such
materials are also placed before us by the petitioner.
9. There shall be no order as to costs. The urgent
certified copy of this order be supplied to the learned
counsel for the parties as per Rules.
(N.S. Dhanik, J.) (S.K. Mishra, J.)
02.12.2021
Ravi
