Allahabad High Court
Abhay Singh S/O Ram Lautan Singh vs Union Of India Thru Secy. Home & Others on 30 July, 2010
Bench: Pradeep Kant, Ritu Raj Awasthi
Court No. - 1 Case :- MISC. BENCH No. - 8953 of 2009 Petitioner :- Abhay Singh S/O Ram Lautan Singh Respondent :- Union Of India Thru Secy. Home & Others Petitioner Counsel :- Raghunath Tripathi,Ravi Shanker Somvanshi Respondent Counsel :- C.S.C.,A.S.G.,Alok Mathur Hon'ble Pradeep Kant,J.
Hon'ble Ritu Raj Awasthi,J.
Heard the learned counsel for the petitioner Sri Ravi Shanker Somwansi and Sri A.K. Bhatnagar for the respondents.
The petitioner has already filed a writ petition claiming relief for withdrawal of 'Z' Security of Sri Pramod Tewari the opposite party no. 5.
A supplementary affidavit has been filed by the the petitioner bringing on record the copy of the order dated 21.08.2009 passed by the Division Bench in Writ Petition No. 15440 of 1998 in re: Pramod Tewari vs State of U.P. and others at Allahabad. In fact the Z' Security has been provided to Sri Pramod Tewari in pursuance of the aforesaid Division Bench judgment. Learned counsel for the petitioner submitted that he was not aware that the security has been provided to Sri Pramod Tewari because of the aforesaid order passed by the High Court at Allahabad, therefore, he filed the present writ petition.
It appears that the aforesaid judgment, in Writ Petition No. 15440 of 1998 at Allahabad was rendered on 21.8.2009. The petitioner preferred the writ petition No. 1456 (MB) of 2002 before this Court at Lucknow claiming the same relief of removal of security provided to Sri Pramod Tewari. The writ petition was dismissed with the observation that the grant or withdrawal of security, lies in the domain of the State Government and the High Court would rarely interfere in such matters, unless of course, some exceptional reasons exist or are apparent. That being so, no relief can be granted to the petitioner in writ jurisdiction. However, it will be open to the petitioner to seek remedy elsewhere, if so advised and as may be available to him and if at all permissible under law. This order was passed on 20.07.2007.
Against the aforesaid order dated 20.07.2007 the petitioner preferred an Special Leave Petition which was withdrawn with liberty to approach the appropriate authorities. This order was passed on 11.02.2008.
After the aforesaid two orders, the judgment was pronounced in Writ Petition no. 15440 of 1998 on 21.08.2009 at Allahabad. The learned counsel for the State submitted that in pursuance of the dated 21.08.2009, 'Z' security was provided to Sri Pramod Tewari.
Be that as it may, we find that the security having been provided under the judicial orders passed by the High Court at Allahabad and this Court sitting in concurrent jurisdiction of the Division Bench, would not sit in appeal over the orders passed on 21.08.2009 nor would issue any direction contrary to the aforesaid order. The writ petition, therefore, being not maintainable, is hereby dismissed.
The learned counsel for the petitioner says that liberty be given to the petitioner to seek his remedy elsewhere or by moving appropriate application at Allahabad in the Writ Petition, which stands decided. It is always open to the petitioner to seek his remedy in any forum, where he can pursue his claim under law, for which no direction is required from this Court.
Subject to aforesaid direction, the petition is dismissed.
Order Date :- 30.7.2010 vks