1

NAFR

HIGH COURT OF CHHATTISGARH, BILASPUR

WPC No.122 of 2016

Umesh Kumar Jaiswal S/o Late Shri Punnilal Jaiswal, Aged About 39 Years R/o

Behind D.P. Vipra College Tikrapara, Thana & Post City Kotwali, Tehsil

Bilaspur & District Bilaspur (Chhattisgarh)

---- Petitioner

Versus

1. State Of Chhattisgarh Through Secretary Public Work Department, Mahanadi

Bhawan, Naya Raipur (Chhattisgarh)

2. Secretary, Chhattisgarh Lok Aayog, Gandhi Chowk Raipur, Tehsil & District

Raipur (Chhattisgarh)

3. C. B. I. Office Plat No. 5- D, C G M Complex, Lodhi Road, New Delhi

---- Respondents

Petitioner in person.

For Respondent/State

:

Shri Ramakant Mishra, Dy.AG

Hon'ble Shri Justice Manindra Mohan Shrivastava

Order On Board

02/03/2016

Heard.

2.

This petition has been filed by the petitioner seeking issuance of direction for

holding CBI enquiry in the matter.

3.

Case of the petitioner is that earlier the petitioner had raised grievance that

enquiry should be made in the matter of construction of various buildings in the

premises of the High Court. Grievance of the petitioner is that no steps have been

taken in this regard. The petitioner had filed a petition earlier in the year 2011

registered as WPC No.7609/2011. This Court found that the petition is in the nature of

PIL, therefore, it was directed to be registered as PIL. Thereafter, that petition was

heard by the Division Bench of this Court and vide order dated 31-10-2012, it was

2

dismissed as withdrawn with liberty to avail appropriate remedy available to the

petitioner under the law. Thereafter, the petitioner filed another PIL No.41/2013 which

was dismissed as not maintainable vide order dated 15-07-2013. Thereafter, another

petition was filed by the petitioner registered as WPC No.1012/2014 on the allegation

that the complaint of the petitioner is not being enquired into by the State authorities.

That petition was also disposed off vide order dated 16-05-2014, observing that the

matter is pending consideration before the Chhattisgrh Lok Ayog. This Court observed

that it would be open for the petitioner to pursue his complaint before the Lok Ayog.

Thereafter, another writ petition was filed by the petitioner registered as WPC No.1676

of 2014. That petition was again disposed off on observing that earlier petition was

disposed off only on 16-05-2014. Yet again, another writ petition was filed by the

petitioner registered as WPC No.163 of 2015. That petition was also disposed off by

this Court on 27-07-2015 after examining the return filed by the Lok Ayog that the

enquiry is pending before the Lok Ayog

4.

This petition has now been filed by the petitioner within a short period of less

than six months, in which, he has now prayed for enquiry by the CBI. In this petition,

the petitioner disclosed only some of the orders passed earlier and not all the orders

passed by this Court from time to time.

5.

When this case was listed on earlier date, during the course of arguments, it

transpired that many other orders were passed on the same issue in various petitions

filed by the petitioner which were not placed and suppressed, this Court granted the

petitioner time to place on record orders passed in number of petitions filed by the

petitioner. Thereafter, the petitioner has placed on record some of the orders which

were not disclosed to this Court and conveniently suppressed. The petitioner

suppressed that the second PIL i.e. WP (PIL) No.41 of 2013 was also filed by him

which was dismissed by the Division Bench of this Court on 15-07-2013. In the said

order, it has been recorded as below:-

3

4.

“Since the earlier PIL filed by the petitioner, which was on the same

subject issue, was dismissed as withdrawn by giving liberty to the petitioner

to avail other appropriate remedies under the law, this second PIL on the

same subject would not be maintainable.

5.

W.P. (PIL) No.41/2013 therefore, is dismissed as not maintainable.

However,