Jai Gopal And Another vs State Of Uttarakhand And Others

Sanjaya Kumar Mishra, J

The writ applicant has prayed for the following relief:

“(a) To issue a writ, order or direction in the nature of mandamus directing the respondent no.2 to initiate the departmental inquiry against the officers/employees responsible for deliberately misplacing the records pertaining to the map of Hotel Neelam International and to take action against the officers responsible for such conduct.

(b) To issue a writ, order or direction in the nature of mandamus directing the respondent no.2 lodge an FIR against the officers/employees found guilty in the departmental inquiry.

(c) To issue a writ, order or direction in the nature of mandamus directing the respondent no.2 to demolish the illegal stair case raised by the respondent no. 4 over the public road and to take action against the officers/employees who are responsible for not having taken action against the said encroachment pursuant to the notice dated 07.05.2009.

(d) Any other suitable writ, or order as this Hon’ble Court may deem fit and proper as per circumstance of the case.”

It is born out from the record that the petitioner has collected certain information and thereafter as they were not satisfied with the information given to him, he preferred an appeal to the Appellate Authority under the Right To Information Act, 2005. The appeal was disposed on 16.05.2009, in which, certain observations have been made against the Mussoori Dehradun Development Authority and some of its Officers. Thereafter, the petitioner has filed the writ application after lapse of more than 13 years. In the meantime, he has filed a Civil Suit which was held not to be maintainable. Against which, he preferred an Appeal before the District Judge, Dehradun. That was also dismissed and the order of the learned District Judge was challenged in a Civil Revision, which is pending before this Court.

The petitioner not only is guilty of delay and latches in this case in preferring the writ petition, he is also guilty of approaching two forums at the same time. When he has already approached to the Civil Court for the same issue and he has not accepted the findings that the Civil Court has no jurisdiction, the petitioner should not have filed a writ application. Hence, the writ application is dismissed being devoid of merit at the cost of Rs. 5000/- to be deposited before the High Court Bar Association within seven days, failing which, the same shall be recovered from the Land Revenue.