High CourtsSingle Bench(2021) 10 UK CK 0205

Bharat Bhushan Bhagtanagar vs Commissioner Kumaon Region Nainital & Others

Uttarakhand High Court · Decided on 28 October 2021

HON’BLE JUDGES
Manoj Kumar Tiwari, J
RESULT
Dismissed
CASE NUMBER
Writ Petition (M/S) No. 2129 Of 2021

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Judgment

10 paragraphs · 254 words

Manoj Kumar Tiwari, J

1.

By means of this writ petition, petitioner has sought the following reliefs:

"i. Issue a writ order or direction in the nature of mandamus to call of the record in the court and verify the entire proceeding of the case no. 1194 of 1992 "Ramesh Pratap Vs Balveer Swaroop".

ii. Issue a writ, order or direction in the nature of Mandamus directing the respondent no. 2 to call for the entire records of the case and high level inquiry be done by high level committee for each case in that presiding year of year 1992 cases."

2.

Learned counsel for the petitioner submits that one Mr. Ramesh Pratap has played fraud upon the Consolidation Authorities, based on an order dated 11.05.1992; although, according to him, the said order does not exist on the file.

3.

In paragraph no. 10 of the writ petition, it has been stated that Hon'ble Supreme Court is seized of the matter.

4.

In this writ petition, petitioner wants an enquiry to be made in the matter.

5.

Since the matter is already pending before Hon'ble Supreme Court, therefore, this Court does not find any reason to interfere in the matter. Even otherwise also, fraud vitiates every solemn proceedings, therefore, if what petitioner contends is correct, then it will be a sufficient ground for filing a review application before the concerned authority.

6.

In such view of the matter, the writ petition fails and is dismissed.

7.

There will be no order as to costs.