IMPORTANT POINT
When the relief sought is working out, Court should not interfere.

JUDGMENT

A.M. KHANWILKAR, J.

Leave granted.

2. This appeal challenges the decision of the Division Bench of the High Court of Judicature at Allahabad, Lucknow dated 16th July, 2012 in Writ Petition No.5744 of 2012.

3. The appellant had filed writ petition under Article 226 of the Constitution of India as Public Interest Litigation praying for implementation of the recommendation/report of the Lokayukta Uttar Pradesh, dated 22nd February, 2012. Following reliefs were prayed in the said writ petition:

“Wherefore, it is most respectfully prayed that the Hon’ble Court may kindly be pleased, in the interest of justice, to

i) Issue a writ, order or direction in the nature of mandamus, directing the Opposite Parties Nos.1, 2 and 3 to implement the recommendations/report of the Opposite Parties No.4 by getting the issue enquired by the opposite party Nos.7 and 8.

ii) To issue a writ, order or direction in the nature of mandamus directing the Opposite Parties No.7 and 8 to carry out an enquiry into the misdeeds of the Opposite Parties Nos. 5 and 6, in terms of the recommendation of the Opposite Party No.4.

iii) Issue any other writ, order or direction as may be deem fit and proper by this Hon’ble Court for giving just, proper and effective relief to the petitioner.

Iv) Award the costs of the writ petition to the petitioner.

4. The Lokayukta had submitted the said report under the Provisions of Section 12 (3) of the U.P. Lokayukta and Up-Lokayuktas Act, 1975 to the Competent Authority for taking necessary action. The report was the outcome of the complaint made by one Shri Jagdish Narain Shukla against Smt. Husna Siddiqui, Member of Legislative Council and Sri Naseemuddin Siddiqui, the then Cabinet Minister in U.P., respondent no.6 and 5 respectively. After due enquiry the Lokayukta arrived at the following conclusion as noted in the aforesaid report:

“On the basis of the prima facie evidences collected in the course of investigation, I reach the conclusion that the delinquent public servants had purchased land worth Rs.16,39,99,227/-(as per the market value) for a meager price of Rs.46,32,600/-for their Private Society. They had also purchased agriculture land worth Rs. One crore situated in Tindwari, Dist. Banda for a meager price of Rs.4,50,000/-. They purchased Bungalow no.B-3, Timaiya Road, Cantonment, Lucknow worth crores of rupees for just Rs.50,00,000/-. They also purchased land worth Rs.3,60,00,000/-in village Ladakapurwa, Dist. Banda for a meager price of Rs.5,50,000/-by way of involving name of Smt. Upma Gupta, Smt. Akrami Begum and Smt. Arshi Siddiqui. The Delinquent public servant also purchased 1.2370 hectare land in the name of his son Sri Afzal Siddiqui in district Jyotibaphule Nagar for setting up an industry A.Q. Frozen Food Pvt. Ltd. And investigation to find out the exact cost of the land and the sources of income for purchase the land is still in progress. It seems that the delinquent public servants have purchased all the aforementioned assets through their income which they earned from unknown sources because as per the income tax return of both the delinquents, their taxable income for the last financial years comes to Rs.1,93,85,196/-.

69. In view of the foregoing discussion, I am of the considered view that this task should be entrusted to a specialized investigating agency with the following tasks:

1. The agency should investigate the correctness/genuineness of the donations/funds given by persons (whose names are indicated in the enclosed list provided by the delinquents) by cheque, by demand drafts and by cash to the Registered Society, namely, Q.F. Shikshan Sansthan, 49, Shyam Nagar (Khurram Nagar) Lucknow and also to investigate the sources of income of these individuals.

2. Q. F. Shikshan Sansthan, 49, Shyam Nagar (khurram Nagar) Lucknow had acquired immovable property in Tehsil Fatehpur, Dist. Bararanki