Uttarakhand High Court
WPPIL/198/2021 on 8 December, 2021
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. 198 OF 2021
8th DECEMBER, 2021
Between:
Sanjeev Kumar ...... Petitioner
and
State of Uttarakhand and others ...... Respondents
Counsel for the petitioner : Ms. Shaifali Singh, learned counsel
Counsel for respondents no. 1 to 3 : Mr. Pradeep Joshi, 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, who claims to be "a social
worker and a public-spirited person" has filed the
present Writ Petition (PIL). He claims that it is a pro
bono publico litigation. However, the prayer clause lets
the cat out of the bag. The petitioner has made
following prayers before this Court :
i) Issue a writ, order or direction in the nature of
mandamus commanding / directing the
respondent nos. 1 to 3 to cease powers of
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respondent no. 4 for the office of Mayor,
Nagar Nigam, Roorkee, and;
ii) Issue a writ, order or direction in the nature of
mandamus commanding and directing the
respondent nos. 1 to 3 to make temporary
arrangement for discharging the duties of
Mayor in view of Section 14-A of the Uttar
Pradesh Municipal Corporation Act, 1959 by
appointing an Administrator.
iii) Issue any other relief, which this Hon'ble Court
may deem fit and proper in the circumstances
of the case be passed in favour of the public at
large.
iv) Cost of the petition be awarded in favour of
the petitioner.
2. Needless to say that the entire frontal attack is
on Mr. Gaurav Goyal, the present Mayor, Nagar Nigam,
Roorkee, District Haridwar. The endeavour of the
petitioner is to ensure that respondent No. 4 is removed
from his office by hook or crook, even if it amounts to
abuse of process of the law, and the process of the
Court. He has nowhere prayed that the Nagar Nigam be
directed to fulfill its responsibilities which are being
abdicated by it. But, his only endeavour is to ensure
that all the powers vested with the respondent No. 4, as
a Mayor, are wrested from him, and a temporary
arrangement be made for discharging the powers of the
Mayor.
3. Therefore, this Court is of the opinion that the
petition is highly politically motivated petition, which
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deserves to be dismissed with exemplary cost.
Therefore, the Writ Petition (PIL) is, hereby, dismissed.
4. This Court 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.
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
