JUDGMENT :

1. Heard learned counsel for the petitioner and the learned standing counsel.

2. Personal affidavit dated 25.2.2022 of Sri Pradyumn Tripathi, Additional Director General, DGGI, Meerut Zonal Unit, Meerut has been filed today, which contains 12 paragraphs and all the 12 paragraphs have been sworn as under:

''I, the deponent above named, do hereby swear that the contents of paragraphs Nos. 1-12 of this affidavit are true to my personal knowledge and are based on perusal of records; which all I believe to be true that no part of it is false and nothing material has been concealed in it.''

3. Rule 12 of Chapter IV of the Allahabad High Court Rules provides that how an affidavit shall be sworn by the deponent. For ready reference Rule 12 of Chapter IV of the Allahabad High Court Rules, is reproduced below:

''12. Facts to be within the deponent's knowledge or source to be stated-Except on interlocutory applications, an affidavit shall be confined to such facts as the deponent is able of his own knowledge to prove.

On an interlocutory application when a particular fact is not within the deponent's own knowledge, but is based on his belief or information received from others which he believes to be true, the deponent shall use the expression'' I am informed and verily believe such information to be true'' or words to that effect and shall sufficiently describe for the purpose of identification, the person or persons from whom his information was received.

When any fact is stated on the basis of information derived from a document, full particulars of the document shall be stated and the deponent shall verify that he believes such information to be true.''

4. Order XIX Rule 3 of the Civil Procedure Code, 1908 and Order XIX Rule 9 of the Civil Procedure Code, 1908, as inserted by High Court amendment, are reproduced below:

''Order XIX Rule 3

Matters to which affidavits shall be confined:

(1) Affidavits shall be confined to such facts as the deponent is able of his own knowledge to prove, except on interlocutory applications, on which statements of his belief may be admitted, provided that the grounds thereof are stated.

(2) The costs of every affidavit which shall unnecessarily set forth matters of hearsay or argumentative matter, or copies of or extracts from documents, shall (unless the Court otherwise directs) be paid by the party filing the same.

Order XIX Rule 9

''Except in interlocutory proceedings, affidavits shall strictly be confined to such facts as the declarant is able of his own knowledge to prove. In interlocutory proceedings, when the particular fact is not within the declarant's own knowledge, but is stated from information obtained from others, the declarant shall use the expression ''I am in formed'', and, if such be the case, ''and verily believe it to be true'', and shall state the name and address of, and sufficiently describe for the purposes of identification, the person or persons from whom he received such information. When the application or the opposition thereto rests on facts disclosed in documents or copies of documents produced from any Court of Justice or other source, the declarant shall state what is the source from which they were produced, and his information and belief as to the truth of the facts disclosed in such documents. (22-5-1915).''

5. The aforesaid affidavit dated 25.2.2022 filed by Sri Pradyumn Tripathi, Additional Director General, DGGI, Meerut Zonal Unit, Meerut, does not comply with the requirements of a valid affidavit as provided in Rule 12 of Chapter IV of the Allahabad High Court Rules/Order XIX Rule 9 C.P.C.

6. As noticed in paragraph 2 above, the deponent of the aforesaid personal affidavit dated 25.2.2022 has not verified/sworn paragraphs either on personal knowledge or on the basis of information received from others or on the basis of information derived from the documents.

7. Affidavit is a mode of placing evidence before the Court. Party may prove a fact or facts by means of affidavi