WPMS/3815/2019
2022 Latest Caselaw 592 UK

                   Office Notes,
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                                     WPMS No.3815 of 2019
                                     Hon'ble Sharad Kumar Sharma, J.

Mr. Rajendra Arya, Advocate, for the petitioner.

Mr. G.S. Negi, Standing Counsel, for the State of Uttarakhand.

Mr. Anil Kumar Bisht, Advocate, for the respondent Nos.4 and 5.

In District Pithoragarh, there is a public ground commonly called as "Dev Singh Ground", which often now and then, is complaint of by the petitioner, is being utilized for private activities, which the petitioner wants to obstruct in the capacity of being an ex-member of the Nagar Palika from Ward No.11 of District Pithoragarh. On this same subject, there was an earlier Public Interest Litigation being WPPIL No.20 of 2010, which was disposed of vide judgment dated 14.07.2010, by the Division Bench of this Court.

During the subsistence of the judgment dated 14.07.2010, filing of the writ petition in the year 2019, by invoking Article 226 of the Constitution of India, by the petitioner for seeking an order of a restraint against the respondents, based on the press note dated 05.12.2019, may not be the actual cause of action for him, because it was not an infringement of his personal rights, or any of his rights, which is constitutionally protected. Hence, if all the subject would fall to be within an ambit of the public interest, if at all it is. Hence the writ petition under Article 226 of the Constitution of India, at the behest of the writ petitioner, would not be maintainable. The same is accordingly dismissed, with reserving his liberty, if at all it is, he can agitate the cause by filing a Public Interest Litigation.

(Sharad Kumar Sharma, J.) 07.03.2022 NR/