Manoj Kumar Sharma v. Union of India (S.B. Civil Writ Petition No.14133/2011) Date: October 14 & Ors.

HON'BLE MR. JUSTICE ALOK SHARMA Mr. Jai Kishan Yogi, for the petitioner. The petitioner has approached this court with the prayer that this court issue a writ of mandamus directing respondents to permit the petitioner to do Seva Puja, Aarti, Bhakti and other religious activities in the temple of Shri Mahadev ji and Shri Hanuman ji situated at Nala Garden, Naya Ghat Jaipur. A perusal of the writ petition indicates that civil suit has also been initiated in respect of the same property and S.B. Civil Second Appeal No.510/2010 is pending before this court, where no interim order has been passed in favour of the petitioner. The petitioner had yet earlier preferred a writ petition No.10342/2011. In view of pendency of second appeal, this court on 8-8-2011 has dismissed the writ petition in limine. This court was then pleased to note that the petitioner could file an urgent application for getting listed the second appeal at an early date and resort to the jurisdiction of this court under Article 226 of the Constitution of India was misdirected. Heard learned counsel for the petitioner, and perused the writ petition. In view of the second appeal No.510/2010, with regard to the same issue pending before this court and further in view of the earlier writ petition dismissed on 8-8-2011, this writ petition betrays a complete lack of understanding of legal processes. The writ petition is without any force and the same is dismissed. Frivolous petitions as the one in hand are a huge drain on judicial time and one of the causes of unrelenting arrears before the courts. Ordinarily this petition would deserve dismissal with exemplary cost. Yet in view of seemingly poor economic status of the petitioner, a token cost of Rs.500/- is imposed on the petitioner, which is to be deposited with Rajasthan State Legal Services Authority, Jaipur. Stay application also stands dismissed. arn/ (Alok Sharma),J.