RAVINDRA KUMAR SINGH v. STATE OF U.P. AND 5 OTHERS
WRIC/7393/2025 · 2025-03-23
Manish Kumar Nigam
body2025
DailyLaw.ai
[ 2025 DAILYLAW 27547 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 27547 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:42740 Court No. - 35 Case :- WRIT - C No. - 7393 of 2025 Petitioner :- Ravindra Kumar Singh Respondent :- State Of U.P. And 5 Others Counsel for Petitioner :- Amit Kumar Shukla,Ram Krishna Mishra Counsel for Respondent :- Bhupendra Kumar Tripathi,C.S.C.,Rajesh Kumar Singh Hon'ble Manish Kumar Nigam,J.
1. Heard learned counsel for the parties and perused the record.
2. This writ petition has been filed seeking following relief :-
"issue a writ, order or direction in the nature of certiorari to quash the impugned
order dated 20.05.2023 passed by respondent No.2 District Magistrate Jaunpur (contained as Annexure No.1 to this writ petition). (b) issue a writ, order or direction in the nature of Mandamus to restored the 5 members inquiry committee and called for a comprehensive inquiry report and also recover the disbursed money paid to respondent No.5 and 6. (c) issue a writ, order or direction in the nature of Mandamus directing the respondent No.1 to initiate the proceeding against the earring officers who involved in the Gram Sabha land scam "
3. Shri Rajesh Kumar Singh, learned counsel appearing for respondents No.5 & 6 has invited attention of this Court to paragraph 37 of the writ petition wherein it has been stated that an earlier writ petition being Writ Petition No.3890 of 2019 (Ravindra Kumar Singh vs. NHAI Ltd. and 5 others) was filed by the present petitioner on 7.2.2019. For reference, para 37 of the writ petition is quoted as under :-
"37. That, on 22.01.2019 the petitioner filed case Writ-C No.3890 of 2019 Ravindra Kumar Singh Vs. N.H.A.I. Ltd. and 5 others which was dismissed by division Hon'ble Court of this bench on 07.02.2019 with an observation living it open to the petitioner to take recourse to the appropriate remedy under law, then petitioner started proceeding before the authority to stop the payment of compensation and vest the land in Gaon Sabha but having been in collusion with each other neither payment was stop nor land vested in Gaon Sabha."
4. Learned counsel appearing for respondent Nos.5 & 6 further submitted that present petitioner has not filed the Writ Petition No.3890 of 2019 and the same was filed by one Ravindra Singh s/o Suraj Pal Singh whereas present petition has been filed by Ravindra Singh s/o Late Hubedar Singh, which is apparent from the array of parties. Learned counsel for the
respondents further submitted that earlier petitioner approached this Court by means of Writ Petition No. 35448/2021 wherein on the objection taken by learned counsel for the respondents, this Court passed the order dated 5.1.2022, which is quoted as under :-
"During course of hearing of the instant petition we have been apprised of an order dated 7.2.2019 passed in Writ-C No. 3890 of 2019 filed by one Ravindra Kumar Singh son of Suraj Pal Singh.
The said order is annexed with the instant petition also and on basis of which the petitioner claims that this Court permitted him to invoke Section 3H (4) of the National Highway Act, 1956. It is submitted that the aforesaid writ petition was not filed by the petitioner but by some other person of same name. Prima facie, the contention appears to have force as it is evident from photo copy of the certified copy of order passed in the said writ petition that father's name of the petitioner has been shown as one Suraj Pal Singh whereas name of the father of the petitioner of the instant case is late Hubedar Singh. Let notice be issued to the petitioner to file his duly sworn affidavit explaining the above facts. Put up as fresh on 12th January, 2022. "
5. By order dated 5.1.2022, notice was issued to the petitioner to file his duly sworn affidavit explaining the above facts. Instead of filing an affidavit, Counsel for the petitioner got the Writ Petition No.35448/2021 dismissed as not pressed. Copy of the order dated 11.3.2022 passed in Writ Petition No.35448/2021 is quoted as under:-
"Sri Jai Shankar Pandey, learned counsel for the petitioner stated that the petitioner does not want to press the writ petition, therefore the petition may be dismissed as not pressed. Learned Standing Counsel has no objection to the prayer as made by counsel for the petitioner. In view of the aforesaid statement, the writ petition is dismissed as not pressed. "
6. Now the present writ petition has been filed by the same petitioner i.e. Ravindra Kumar Singh s/o Late Hubedar Singh with the same averments as were made in the earlier petition which was dismissed as not pressed. The averments made in paragraph 37 as already been quoted above. 7.
It has been submitted by learned counsel for the respondents that twice the petitioner has filed writ petition mentioning incorrect facts taking advantage of his name which is evident from the earlier order passed by this Court in Writ Petition No.35448/2021. 8. From the facts, as has come on the record, it is apparent that petitioner has committed perjury by giving false statement. 9. In view of the same without proceeding to take any action for perjury against the petitioner, I am dismissing this writ petition with cost of Rs.25,000/- to be recovered from the petitioner as an arrears of land revenue. The District Magistrate, Jaunpur is directed to recover the cost imposed by this Court from the petitioner within a period of four weeks which shall be remitted by the District Magistrate to the Registrar General of this Court to be deposited with the High Court Legal Services Authority, Allahabad.
Order Date :- 24.3.2025 Rishabh [Manish Kumar Nigam, J.] Digitally signed by :- RISHABH KUMAR High Court of Judicature at Allahabad