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2025 DAILYLAW 44285 (ALL)

SUHAIB v. STATE OF U.P. AND 4 OTHERS

WPIL/872/2025 · 2025-04-22

Anish Kumar Gupta, Manoj Kumar Gupta

Public Interest Litigationbody2025

Judgment text

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Neutral Citation No. - 2025:AHC:61604-DB Court No. - 21 Case :- PUBLIC INTEREST LITIGATION (PIL) No. - 872 of 2025 Petitioner :- Suhaib Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Ram Shyam Shanker Pandey,Subodh Pandey Counsel for Respondent :- C.S.C. Hon'ble Manoj Kumar Gupta,J. Hon'ble Anish Kumar Gupta,J. 1. The present petition has been filed as a 'Public Interest Litigation' praying for a writ of mandamus directing respondent no.2 'Divisional Magistrate, District Moradabad' to take legal action against respondent nos.4 and 5 in pursuance of representation of the petitioner and order dated 26.04.2022 passed by respondent no.2. 2. Respondent no.5 is stated to be an employee of the Transport Department. It is alleged that he is indulging in corrupt practices and is extorting money from public. The order dated 26.04.2022 of which implementation has been sought is a communication by the A.D.M. (Administration), Moradabad to the Divisional Transport Officer, Moradabad recommending for action against respondent no.5. 3. In paragraph 3 of the petition, the petitioner has stated that he is a 'social worker' and 'a public spirited citizen'. He has no personal/ private interest in the matter. 4. Learned standing counsel has placed on record the instructions received from the Assistant Divisional Transport Officer, (Administration), Moradabad. It is stated in paragraph 11 of the said instructions that the present petition is a motivated one. The petitioner is a frequent visitor to the RTO Office in connection with various works and he came to office on 24.09.2021 for some work. On that day, he indulged in indecent behavior with the officials and caused damaged to the computer and other public property. In this respect, a complaint was filed against the petitioner by respondent no.5 and other employees of the office. Copy of the said complaint is annexed with the instructions. 5. It also transpires that the petitioner thereafter has given in writing that he has settled his differences with the employees and the complaint filed by him be not acted upon. These facts have not been disclosed by the petitioner in the present petition. 6. In such view of the matter, we are of the opinion that the present petition is wholly motivated and has been filed to settle the differences with respondent no.5. This is also concealment of material fact. 7. In such a situation, we are not inclined to examine the issue sought to be raised at the behest of the petitioner. 8. The petition is dismissed with a cost of Rs.25,000/- (Rupees Twenty Five Thousand) which shall be deposited by the petitioner by means of a demand draft with the High Court Legal Services Committee, High Court, Allahabad within a period of four weeks from today. Order Date :- 23.4.2025 CS/- (Anish Kumar Gupta, J.) (Manoj Kumar Gupta, J.) Digitally signed by :- CHANDAN SINGH High Court of Judicature at Allahabad