SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
Listen Article Pause Article
judgment-img

2023 Supreme(All) 2893

IN THE HIGH COURT OF ALLAHABAD
ASHWANI KUMAR MISHRA, VINOD DIWAKAR, JJ.
Ish Kumar Vlecha - Appellant
Versus
State of U.P. and Another - Respondent
Writ - C No. - 17108 of 2019
Decided on : 21-11-2023

Advocates Appeared:
For the Appellant : In Person
For the Respondent: C.S.C., Sunil Kumar Misra

Compliance with specific procedural conditions is essential for participation in government auctions, and failure to meet those conditions justifies denial of application.

Headnote:(A) U.P. Avas Evam Vikas Parishad Schemes - Writ against auction proceedings - Petitioner aggrieved by non-consideration of application for allotment - Petitioner accused of making wild allegations against judges in prior petitions leading to contempt proceedings - Court dismisses the petition filed for challenging the decision of the Parishad as devoid of merit, affirming reject of application due to non-compliance with auction terms. (Paras 1, 2, 4, 42, 47)

(B) Contempt of Court - Allegations against judges - Continuous litigation involving scandalous remarks against the judiciary can lead to contempt proceedings against the petitioner, reinforcing judicial decorum and authority. (Paras 3, 7)

Facts of the case:
The petitioner claimed that his application for allotment of plots was unfairly rejected due to incorrect bank details provided by the Parishad leading to his non-participation in an auction, and made serious allegations against judges while doing so. (Paras 2, 6, 20)

Findings of Court:
The petitioner failed to deposit the requisite token amount, which was a prerequisite for participating in the auction process; thus, the Parishad's denial of token was justified. (Paras 42, 47)

Issues: The primary issue was whether the rejection of the petitioner's application for not depositing the required token money was lawful. Additionally, the court addressed the repetitive nature of the petitioner's contemptuous allegations against the judiciary. (Paras 2, 6, 42)

Ratio Decidendi: The court emphasized that participation in the auction required compliance with specific procedural conditions, which the petitioner failed to meet, thereby validating the Parishad's actions against him. (Paras 42, 47)

Result: Writ petition dismissed.

Table of Content
1. petitioner alleges wrongful denial of auction participation due to procedural technicalities. (Para 1 , 2 , 3 , 5 , 6)
2. the court examines the legality of the parishad's actions regarding auction tokens. (Para 7 , 8 , 11 , 20 , 26 , 32)
3. failure to comply with auction procedures justified the denial of participation tokens. (Para 39 , 40 , 41 , 42)
4. the writ petition is dismissed on the grounds of lack of substance. (Para 47)

JUDGMENT :

Ashwani Kumar Mishra, J.

1. Facts of this case are unusual and disturbing. Extremely wild and contumacious allegations have been levelled against sitting and retired judges of this Court, by the petitioner in person. Criminal contempt proceedings have also been initiated against the petitioner. In order to appreciate the controversy raised in the matter, it would be apt to refer to the background facts.

2. Petitioner Ish Kumar Valecha is primarily aggrieved by the action of respondent U.P. Avas Evam Vikas Parishad, Lucknow (hereinafter referred to as ‘the Parishad’), in not considering his application for allotment of plots in a scheme advertised by the Parishad. The petitioner initially approached this Court by filing Writ Petition No. 23656 of 2018 against the State of U.P. and the Parishad wherein following reliefs were sought:-

“(i) issue a writ, order or direction in the nature of CERTIORARI quashing the impugned auction notice published in daily news paper Amar Ujala dated 05.07.2018 and its after effects etc. for future too and in respect of properties only of Saharanpur District [Meerut Zone), (Annexure No. 2 to this writ claim representation of rights).

(ii) issue a writ, order or direction in the nature of MANDAMUS in the alternative commanding the Parishad respondents to hold the concern auction only from amongst the old depositors those participants who tried to deposit token money prior to fixed date 15.01.2018 accepting amount deposited on receipt issued by respondent through bank corrected its Account number.

(iii) issue a writ, order or direction in the nature of MANDAMUS commanding the respondents not to issue any fresh auction notice in future with regard to property of Sahranpur and to provide right account number and permit the petitioner to deposit rest returned amount digital mode also and to reimburse for the losses sustained by to the extent as referred in paragraph.... Of this writ claim representation.

(iv) issue a writ, order or direction in the nature of MANDAMUS commanding the respondents to pay 18% monthly compound interest at the deposited token money to the petitioner and other depositors too till the date of its payment alike imposed upon their allottees by the respondents' policies.

(v) issue a wait, order or direction in the nature of MANDAMUS directing the respondents to pay the compensation (Rs. 12,00,000/-) (compelled to born economical, mental and physical losses) plus 18% monthly compound interest to the petitioner as the Hon'ble Court may deem fit and proper on the facts and circumstances of the case considering the age of the petitioner also.

(vi) issue any other suitable writ, order or direction which this Hon'ble Court may deem fit and proper in the facts and circumstances of the case.

(vii) To award the cost of the present writ claim representation in favour of petitioner.”

3. In the aforesaid petition, apart from highlighting petitioner’s grievance in respect of the allotment of plot scandalous and sweeping remarks were made against the judges of this Court. When the petition was heard by the Division Bench presided over by Hon’ble the Chief Justice, exception was taken to the wild allegations made in the petition. This is reflected from the following orders passed by the Court on 13.7.2018:-

“Heard Mr. Ish Kumar Valecha, the petitioner in person, Mr. Sunil Kumar Mishra, learned counsel for respondent Nos. 2, 3 and 4 and Mr. Habib Ahmad, learned counsel for respondent No. 5.

Counsel appearing for the respondents, at the outset, invites our

Click Here to Read the rest of this document
1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
whatsapp-icon Back to top