WPPIL/180/2021
2021 Latest Caselaw 4615 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 ALOK KUMAR VERMA

           WRIT PETITION (PIL) NO. 180 OF 2021

                        17TH NOVEMBER, 2021

BETWEEN:

Vinay Jayswal                                            .....Petitioner.
And

State of Uttarakhand & others                            ....Respondents.

Counsel for the Petitioner : Mr. Vivek Shukla.

Counsel for the respondents : Mr. J.C. Pande, learned Standing Counsel for the State.

The Court made the following:

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

The petitioner has made the following prayers

before this Court:-

"a. To issue a writ, order or direction in the nature of certiorari to summon the entire revenue record related to the disputed exchange of land and quash and set-aside the judgment and order dated 16.11.2015, passed by respondent Nos.5 and 7.

b. To issue a writ, order or direction in the nature of mandamus commanding and directing the respondent No.1 to punish all the respondents who overtly or covertly aided assisted and colluded with respondent no.13 in disputed exchange of land of Gram Sabha Nawabgarh, Mauza Dakpathar, Tehsil Vikasnagar, District Dehradun which has caused irreparable loss and injury to Gram Sabha of Nawabgarh.

c. To issue a writ, order or direction in the nature of mandamus commanding and directing the respondent Nos.1

and 2 to return the disputed exchanged land in favour of Smt. Poonam Bhandari once again be returned to Gram Sabha, Village Nawabgarh, Mauza Dakpathar, Tehsil Vikasnagar, District Dehradun along with imposing exemplary cost upon the wrongdoers".

2. A bare perusal of prayer clause clearly reveals that

in PIL jurisdiction, a judgment cannot be quashed. If the

petitioner has any grievance against that judgment, he

should have invoked the other legal remedies available to

him.

3. Moreover, this Court does not find any merit in the

present writ petition. Therefore, it is, hereby, dismissed with

cost of Rs.10,000 on the petitioner. The petitioner is directed

to deposit Rs.10,000/- before the Registrar General of this

Court within a period of two weeks. The said amount shall be

transferred into the High Court Advocates' Welfare Fund. The

Registrar General shall inform this Court whether the said

amount has been deposited or not within the stipulated

period. In case, the amount is not deposited, the concerned

Collector shall realize the amount as arrears of land revenue.

4. A copy of this order shall be sent to the concerned

Collector for compliance.

(RAGHVENDRA SINGH CHAUHAN, C.J.)

(ALOK KUMAR VERMA, J.) Dated: 17th November, 2021 NISHANT