WPPIL/202/2021
2021 Latest Caselaw 4968 UK

       IN THE HIGH COURT OF UTTARAKHAND
                   AT NAINITAL


 THE HON'BLE THE CHIEF JUSTICE SRI RAGHVENDRA SINGH CHAUHAN
                                AND
          THE HON'BLE SRI JUSTICE NARAYAN SINGH DHANIK




               WRIT PETITION (PIL) NO. 202 OF 2021

                             8th DECEMBER, 2021


 Between:

 Umesh Kumar                                     ......           Petitioner

 and

 State of Uttarakhand and others                ......           Respondents



Counsel for the petitioner           :   Mr. Gopal K. Verma, learned
                                         counsel
Counsel for respondents no. 1 to 5 :     Mr. Anil Kumar Bisht, learned
                                         Additional Chief Standing Counsel
                                         for the State



 The Court made the following:


 JUDGMENT:       (per Hon'ble The Chief Justice Sri Raghvendra Singh Chauhan)




              The petitioner is aggrieved by the use of

 siren by a Member of Legislative Assembly of the

 State, and his family members.


 2.           The learned counsel for the petitioner

 frankly concedes that the respondent No. 6, a sitting

 MLA, was elected in 2017.                         According to the

 petitioner, the respondent No. 6, and his family
                               2




members, have been using siren since 2017. Yet, no

Public Interest Litigation has been filed by the

petitioner for the last four years. It is only when the

election season has started that a Public Interest

Litigation has been filed targeting a sitting MLA.


3.           Therefore, obviously, this Public Interest

Litigation      is   highly       motivated   by    political

consideration that tantamounts to the abuse of the

process of the law, and the process of the Court.


4.           Therefore, this Court dismisses this Writ

Petition     (PIL)   by   imposing    imposes   a   cost   of

Rs.50,000/- (Rupees fifty thousand only) upon the

petitioner. He is directed to deposit the said amount

with the Uttarakhand High Court Bar Association

Welfare Fund. The Registrar (Judicial) is directed to

inform the District Magistrate, Haridwar, whether the

said amount has been deposited within the stipulated

period of two weeks, or not? The District Magistrate,

Haridwar is directed to ensure that, in case, the said

amount is not deposited with the Uttarakhand High

Court Bar Association Welfare Fund within a period of

two weeks, he shall recover the said amount as

arrears of land revenue.
                            3




5.        With    the    above   directions,   the   WRIT

PETITION (PIL) stands dismissed.



                    _______________________________
                    RAGHVENDRA SINGH CHAUHAN, C.J.


                            _____________________
                            NARAYAN SINGH DHANIK, J.

Dt: 8th DECEMBER, 2021 Negi