JUDGMENT

Rajan Roy, J.

Heard Shri Anand Mani Tripathi along with Shri S.M. Singh Royekwar, learned counsel for the petitioner and Shri Manish Mishra, learned Additional Chief Standing Counsel for the State.

2. This writ petition was filed on 12.01.2023 seeking the following relief:-

"(i) issue a writ, order or direction in the nature of mandamus commanding the Commissioner of Police (opposite party No.3) to restore the security cover which was provided to the petitioner by the Government of Uttar Pradesh vide letter dated 11.08.2022 (as contained in Annexure No. 1)."

3. The facts of the case in brief are that the petitioner is a Contractor in a Construction Company and has been so for quite sometime, at least since 2011, although, the Company has changed from time to time. He was granted security cover under the interim order dated 15.11.2011 of this Court passed in an earlier writ petition filed by him bearing Writ Petition No. 10096 (M/B) of 2011; Nitin Singh v. State of U.P. and Ors. The said writ petition was decided on 31.07.2019. On a perusal of the said judgement shows that after passing of the interim order dated 15.11.2011, security was granted to him, but, inspite of the order dated 15.11.2011 the said case was never listed for almost 8 years. It was listed only on 23.05.2019 when the case was adjourned as the petitioner's counsel was not available. Thereafter, it was listed on 24.05.2019 when it was again adjourned at the behest of the petitioner. On 18.07.2019 when the case was listed for hearing the file was not forwarded to the Court whereupon the Court asked the Deputy Registrar, Miscellaneous Bench Section to submit an explanation as the petitioner was enjoying fruits of interim direction by way of grant of security cover but the file was not sent. In pursuance to the said order on an inquiry conducted it was found that certain officials were found hand in glove in misplacing the file. In the statement of one Manoj Kumar, Clerk to an Advocate practicing in High Court he admitted to his guilt that he was asked to put away file on the request of counsel whose name is mentioned in his confession as also in the judgement dated 31.07.2019 and that he had put the file under a rack so that it could not be found when he visited MB Section, that he had been instructed by a counsel that the file should not reach the Court. The Court took serious note of the aforesaid facts in its judgement dated 31.07.2019 and ordered investigation apart from other directions therein, in pursuance to which an F.I.R. was lodged and it appears that charge sheet was also filed on 07.07.2020 against the petitioner and others and summoning order was passed on 10.08.2020, however, as per the statement of learned counsel for the petitioner the said summoning order dated 10.08.2020 and charge sheet dated 07.07.2020 arising out of Case Crime No. 461 of 2019 under Sections 380 , 411, 34 and 120B IPC, Police Station Vibhuti Khand, District Lucknow and the entire proceedings of Criminal Case No. 76159 of 2019 which was pending in the Court of Chief Judicial Magistrate, Lucknow were quashed by this Court vide judgement dated 22.07.2022 passed in Application under Section 482 Cr.P.C. No. 1503 of 2022; Nitin Singh v. State of U.P. and Anr.

4. Be that as it may, it is an undisputed fact that the petitioner continued to enjoy the security granted to him.

5. As far as the facts of the present case are concerned, they relate to period after 2020. While the security cover granted to the petitioner was still continuing the Commissionerate Level Security Committee considered the threat percepti