AI Structured Summary
Not yet generated for this judgment
Judgment
D. N. Patel, CJ
Proceedings of the matter have been conducted through video conferencing.
CM APPL. 19877/2020(exemption)
Exemption allowed, subject to all just exceptions.
The application stands disposed of.
W.P.(C) 5518/2020 & CM APPL. 19876/2020 (Stay)
The present public interest litigation has been preferred for the following prayers:-
"a) Issue a Writ or any similar order/ directions in nature of Writ of Mandamus directing the Respondent No. 1 to delete the name of Mr. Amanatullah Khan from Public Notice dated 07.08.2020 proposed to be elected as member of Delhi Wald Board; and/or.
b) Issue a Writ or any similar order/ directions in nature of Writ of Mandamus directing the Respondents Nos. 2 to carry out proper and thorough investigation and submit detailed report in FIR No. 9A dated 23.11.2016; and/or
c) Issue a Writ or any similar order/ directions in nature of Writ of Mandamus directing the Respondents No. 3 to carry out proper and thorough investigation and submit detailed report in FIR registered against Mr.Amanatullah Khan for corruption; and/or
d) Issue a Writ or any similar order/ directions in nature of Writ of Mandamus directing the Respondents Nos. 2 and 3 to carry out proper and thorough investigation in complaints dated 21.02.2019 and 02.12.2019 and register FIR against Mr. Amantullah Khan; and/or
e) Pass any order/ orders as this Hon 'ble Court may deem fit and proper in the facts and circumstances of the case and in the interest of justice."
Having heard learned counsel for the petitioner as well as Mr. Sanjay Jain, learned Additional Solicitor General of India, and looking to the averments and allegations made in the writ petition, it appears that all canons of allegations are made by the petitioner against one Mr. Amanatullah Khan. Even though all the prayers are against Mr.Amanatullah Khan, he is not joined as a party respondent for the reasons best known to the petitioner. Mr. Amanatullah Khan is a necessary party to this petition to enable him to respond to the allegations levelled against him, because any orders passed in this petition would have a direct effect on his rights.
Learned Additional Solicitor General of India appearing on behalf of respondent No.1 submitted that the petitioner has not approached this Court with clean hands. This petitioner has several disputes/pending litigations with the Delhi Wakf Board. According to learned ASG, the petitioner is an encroacher upon the property of the Wakf Board, and in a previous litigation being W.P.(C)7435/2017 and connected matters, an order dated 23rd August, 2019 has been passed by this Court for removal of encroachment in accordance with law, rules and Government policies applicable to those cases.
We note that the elections to the Delhi Wakf Board are already under way, and the petitioner has already filed an objection dated 13.08.2020 before the concerned authority (Annexure P-7 to the memo of the writ petition), which is under consideration of the concerned respondent.
Therefore, looking to the facts and circumstances of the case, and in view of the submissions made, and also looking to the fact that Mr. Amanatullah Khan being a necessary party against whom the allegations in this writ petition have been levelled, is not joined as party respondent, it appears that this is not a bona fide public interest litigation at all.
Accordingly, the petition is dismissed with costs of Rs. 25,000/- to be paid by the petitioner to the Delhi State Legal Service Authority within four weeks from today. The aforesaid amount shall be utilized for the programme "Access to Justice".
A copy of this order be sent forthwith to the Member Secretary, Delhi State Legal Services Authority, Patiala House Courts, New Delhi.
With these observations, this writ petition is disposed of.