Allahabad High Court
Krishna Gopal Agrawal vs State Of U.P. And 22 Others on 20 August, 2019
Bench: Shashi Kant Gupta, Saurabh Shyam Shamshery
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 32 Case :- WRIT - C No. - 26534 of 2019 Petitioner :- Krishna Gopal Agrawal Respondent :- State Of U.P. And 22 Others Counsel for Petitioner :- Ajai Krishna Srivastava Counsel for Respondent :- C.S.C. Hon'ble Shashi Kant Gupta,J.
Hon'ble Saurabh Shyam Shamshery,J.
Heard the learned counsel for the parties and perused the record.
This writ petition has been filed, inter alia, for the following relief:
"Issue a writ, order or direction in the nature of mandamus directing the respondent no. 3 to decide the representation of the petitioner dated 6.4.2019 within stipulated period by a reasoned and speaking order."
From perusal of the record, it transpires that the petitioner had earlier filed a writ petition , being Writ C No. 47143 of 2016, which was finally disposed of by this court on 30.9.2016, which inter alia, runs as under:
"Consequently, in the facts of the case, once there is Government Order dated 09.05.2014 holding the field, then as far as we are concerned we cannot accord the relief as has been prayed for as no application has been moved in pursuance of Government Order dated 09.05.2014.
We are not proceeding to issue any direction for commanding the respondent to take decision on the same unless and until appropriate application is moved in consonance with the Government Order dated 09.05.2014.
Consequently, in the facts of the case, as far as we are concerned, we leave it open to the petitioner to move application in prescribed format in consonance with the Government Order dated 09.05.2014 and it is always expected that in case an application is being moved it would be decided in accordance with law.
With these observations, present writ petition is disposed of."
There is nothing on record to show that in in pursuance of the aforementioned order of this court dated 30.9.2016, the petitioner had ever approached the District Magistrate concerned for referring the matter to the District Level Security Committee. Only an undated typed copy of an application addressed to the District Magistrate,Etah has been filed along with the present writ petition . No authentic document has been annexed with the writ petition to demonstrate the fact that any application in the prescribed formate was served by the petitioner on the District Magistrate, Etah for taking action in the matter in compliance of the earlier order of this court dated 30.9.2016.
In view of the above, we do not see any justification to interfere in the matter. However, it is always open to the petitioner to approach the District Magistrate concerned in terms of the Government Order dated 9.5.204 for providing security to him and in case any such application is filed, we hope and trust that the same shall be dealt with by the District Level Security Committee in accordance with law.
It is made clear that this court has not expressed any opinion on the merits of the case and the concerned committee has to take decision on its own merits With the above observations, the writ petition stands finally disposed of .
Order Date :- 20.8.2019 MLK