High Court · 2018

Petitioner :- Pradeep Kumar Trivedi Respondent :- Shri Raghunanadan And Others Counsel for Petitioner :- In Person Counsel for Respondent :- G.A. Hon'ble Mrs. Sangeeta Chandra,J. Hon'ble Brij Raj Singh,J.

1. We have heard the petitioner-in-person at some length and we have perused the prayer clause in the writ petition which is as follows:- "A. Pass an order, writ issuing notice in view of order dated 10.02.2021 (at Page no.215-221) passed in W.P. No.4041/2020 (M/B) to Shri Raghunandan Respondent no.1 along with Respondent no.2 who have taken illegal possession of Land and property of petitioner in person and had demolished the trees which were planted originally by the father of petitioner in person and later the same were nourished, nurtured and developed and taken care of by your humble petitioner-in-person in larger part of the mango garden and smaller part of mango garden. Shri Raghunandan respondent no. -1 firstly demolished and made complete destruction of mango garden in smaller part of the "FARM HOUSE" which was planted & prepared in a pristine manner by Shri Shri Krishna Trivedi, father of your humble petitioner-in-person and after that Shri Raghunandan respondent no.-1 started demolishing the trees in the outer periphery of Larger part of mango garden "FARM HOUSE" by lopping off the neem, sheesham trees. Shri Raghunandan respondent no.-1 did not give any reply/ response to your humble petitioner-in-person when Registered letter dated 05-01-2021 (at page no. 202) regarding destruction of trees was sent after the letter dated 17-06-2018 (at page no. 78-80),Letter dated 25th July 2018 (at page no. 85-92), letter dated 16th May 2019 (at page no. 126-128) and the letter dated 01-01-2020 (at page no. 129-135) were written by your humble petitioner-in-person regarding illegal activities of Shri Raghunandan respondent no.-1 and warning was given to Shri Raghunandan respondent no.-1. My Lord, your humble petitioner-in-person is continuously making reasonable and credible complaint before the "District administration of Hardoi" but no compliance of order dated 10.02.2021 (at page no. 215-221) passed in W.P. No.-4041 of 2021 (M/B) has been made in view of provision of. Maintenance & welfare of Parents & Senior citizens Act 2007 & 2014 and also pass any order for recovery of amount of loss incurred to your humble petitioner-in-person on account of lopping off of trees and on account of illegally sowing and harvesting of various crops every year & direction may also kindly be given to Shri Raghunandan respondent no.-1 to deposit the amount in the saving bank account no.-11133328610 standing in the ledgers of State Bank of India, Jawahar Bhawan Lucknow of petitioner -in-person through this Hon'ble Court. B) Pass any order, writ or direction to Shri Anunya Jha District Magistrate Hardoi respondent no.-3 by issuing notice and asking as to why even the direction for Lodgement of FIR dated against Shri Raghunandan respondent no.-1 has not been given to Ms. Poonam Bhaskar Sub-Divisional Magistrate Tehsil Shahabad District - Hardoi respondent no.-6 till date and to explain as to what comprehensive plan has been chalked out in compliance of order dated 10-02-2021 (at page no. 215- 221) passed by this Hon'ble Court in W.P. No.-4041/2021 (M/B) and in view of directions of maintenance and welfare of Parents and Senior Citizens Act 2007. C) Pass any order, writ or direction to Shri Neeraj Kumar Jadaun Superintendent of Police Hardoi respondent no.-4 by issuing notice and asking as to why the direction for Lodgment of First Information report sent vide letter dated 28th Sept. 2022 as mentioned in letter dated 09/06/2025 against Shri Raghunandan respondent no.-1 has not been given to thana Incharge (Pachdevra) Tehsil- Shahabad District Hardoi respondent no.-7 till date and to explain as to what comprehensive plan has been chalked out for protection property of your humble petitioner-in- person in compliance of order dated 10.02.2021 (at page no. 215-221) passed by this Hon'ble Court in W.P. No. -4041/2021 (M/B) & in view of directions of Maintenance and welfare of Parents and Senior Citizens Act, 2007. D) Pass any order, writ or direction to Ms. Poonam Bhaskar Sub-Divisional Magistrate tehsil Shahabad District-Hardoi respondent no.-6 to explain as to why direction for lodgement of First Information Report sent vide letter dated 28-09-2022 has not been given to thana Incharge (Pachdevra) tehsil Shahabad District - Hardoi till date. E) Pass any order, writ or direction making query from Station House officer Pachdevra thana tehsil Shahabad District- Hardoi respondent no.-7 as to why Lodgement of First Information report sent vide letter dated 28th Sept 2022 against Shri Raghunanadan respondent no.-1 was not made despite the fact that the reasonable and credible information was given since 17th June 2018 through various letters by your humble petitioner-in- person. F) Pass any other order or direction which this Hon'ble court may deem fit & proper."

2. We have also gone through the judgment and order dated 10.02.2021 passed in Writ Petition No.4041 (M/B) of 2021 of which reference has been given by the petitioner while arguing the matter before this Court.

3. The petitioner had earlier filed Writ Petition No.4041 (M/B) of 2021 with misconceived prayers which are being quoted from the judgment and order dated 10.02.2021, a copy of which has been filed as Annexure-41 to the petition. "a. Pass any writ, order or direction in the nature of mandamus commanding/directing the opposite parties 1,2,3,4 & 5 to take appropriate immediate action against Sri Raghunandan respondent no.6 who has started destruction of the Larger part of the mango garden also in its outer periphery by lopping off the neem tree and sheesham tree after having destroyed the smaller part of mango garden in the event that the petitioner-in-person had made reasonable and credible complaint before the District Administration of by sending Six Photographs of lopped off trees in the legal notices/letter dated 05th Jan. 2021, 06 Jan., 2021 at page no.239, 240, 241, 244, 247, 249 & 251 of this writ petition. b. Pass any order/direction to Sub-Divisional Magistrate, tehsil Shahabad, District Hardoi respondent no.3 to serve the copy of letter dated 13.03.2019 to your humble petitioner-in-person which was supplied by him just one day before the hearing of W.P. No.7240 of 2019 (M/B) to the Ld. Standing Counsel on the date 14.03.2019 when order dated 14.03.2019 was passed. c. Pass any order or direction making query from Lekhpal respondent no.9 and respondent no.3 as to on what basis wrong information was giver to this Hon'ble Court during the hearing of W.P. No.7240 of 2019 (M/B) that no destruction or lopping off of any tree was done. d. Pass any order or direction making query from Station House Officer, Pachdevra, Thana tehsil Shahabad Dist. Hardoi respondent no.5 as to why any inquiry has not been conducted in the matter despite the fact that the reasonable and credible information was given in writing since 17th June, 2018 through various letters and legal notices by the petitioner-in-person. e. Pass any order or direction to Divisional Forest Officer, District Hardoi respondent no.4 and the District Magistrate, Hardoi respondent no.1 to provide protection to the grove under the provision of Section 38 of Indian Forest Act, 1927 on the written request made by the petitioner-in-person in the interest of justice and in the interest of climate and the environment."

4. This Court while considering the prayers made by the petitioner earlier had observed that the writ petition was highly misconceived and liable to be dismissed and also dismissed the petition with the observation that "In ordinary circumstances, dismissal of this petition would have entailed a heavy cost against the petitioner for bringing up a cause which is absolutely-frivolous and does not require any attention of this Court in exercise of its jurisdiction under Article 226 of Constitution of India, however considering the fact that the petitioner appears in person and is a retired employee and a senior citizen, we refrain ourselves from imposing costs.

5. From a perusal of the judgment passed by a Co- ordinate Bench and from a perusal of the prayers made in this writ petition, we are convinced that the petitioner is prone to repeated draughts on public time and refuses to understand the import of the judgment and order dated 10.02.2021 passed in Writ Petition No.4041 (M/B) of 2021.

6. In so far as any commission of offence by the alleged accused Raghunandan is concerned, it is always open for the petitioner to file an application under Sections 173(2) or 173(4) of BNSS, corresponding Sections 154(2) or 154(3) Cr.P.C., before the Police Station/Superintendent of Police concerned, or move an application under Section 175 (3) of BNSS, corresponding Section 156(3) Cr.P.C., before the Magistrate concerned or file a complaint case under Section 223 of BNSS, corresponding Section 200 Cr.P.C., before the authorities concerned.

7. Accordingly, the writ petition stands dismissed with the cost of Rs.1 lac (Rupees One Lac only) to be recovered from the moveable and immovable property of the petitioner. Order Date :- 1.8.2025 N.PAL NARESH PAL NARESH PAL High Court of Judicature at Allahabad, High Court of Judicature at Allahabad, Lucknow Bench Lucknow Bench

Petitioner :- Pradeep Kumar Trivedi Respondent :- Shri Raghunanadan And Others Counsel for Petitioner :- In Person Counsel for Respondent :- G.A. Hon'ble Mrs. Sangeeta Chandra,J. Hon'ble Brij Raj Singh,J.

1. We have heard the petitioner-in-person at some length and we have perused the prayer clause in the writ petition which is as follows:- "A. Pass an order, writ issuing notice in view of order dated 10.02.2021 (at Page no.215-221) passed in W.P. No.4041/2020 (M/B) to Shri Raghunandan Respondent no.1 along with Respondent no.2 who have taken illegal possession of Land and property of petitioner in person and had demolished the trees which were planted originally by the father of petitioner in person and later the same were nourished, nurtured and developed and taken care of by your humble petitioner-in-person in larger part of the mango garden and smaller part of mango garden. Shri Raghunandan respondent no. -1 firstly demolished and made complete destruction of mango garden in smaller part of the "FARM HOUSE" which was planted & prepared in a pristine manner by Shri Shri Krishna Trivedi, father of your humble petitioner-in-person and after that Shri Raghunandan respondent no.-1 started demolishing the trees in the outer periphery of Larger part of mango garden "FARM HOUSE" by lopping off the neem, sheesham trees. Shri Raghunandan respondent no.-1 did not give any reply/ response to your humble petitioner-in-person when Registered letter dated 05-01-2021 (at page no. 202) regarding destruction of trees was sent after the letter dated 17-06-2018 (at page no. 78-80),Letter dated 25th July 2018 (at page no. 85-92), letter dated 16th May 2019 (at page no. 126-128) and the letter dated 01-01-2020 (at page no. 129-135) were written by your humble petitioner-in-person regarding illegal activities of Shri Raghunandan respondent no.-1 and warning was given to Shri Raghunandan respondent no.-1. My Lord, your humble petitioner-in-person is continuously making reasonable and credible complaint before the "District administration of Hardoi" but no compliance of order dated 10.02.2021 (at page no. 215-221) passed in W.P. No.-4041 of 2021 (M/B) has been made in view of provision of. Maintenance & welfare of Parents & Senior citizens Act 2007 & 2014 and also pass any order for recovery of amount of loss incurred to your humble petitioner-in-person on account of lopping off of trees and on account of illegally sowing and harvesting of various crops every year & direction may also kindly be given to Shri Raghunandan respondent no.-1 to deposit the amount in the saving bank account no.-11133328610 standing in the ledgers of State Bank of India, Jawahar Bhawan Lucknow of petitioner -in-person through this Hon'ble Court. B) Pass any order, writ or direction to Shri Anunya Jha District Magistrate Hardoi respondent no.-3 by issuing notice and asking as to why even the direction for Lodgement of FIR dated against Shri Raghunandan respondent no.-1 has not been given to Ms. Poonam Bhaskar Sub-Divisional Magistrate Tehsil Shahabad District - Hardoi respondent no.-6 till date and to explain as to what comprehensive plan has been chalked out in compliance of order dated 10-02-2021 (at page no. 215- 221) passed by this Hon'ble Court in W.P. No.-4041/2021 (M/B) and in view of directions of maintenance and welfare of Parents and Senior Citizens Act 2007. C) Pass any order, writ or direction to Shri Neeraj Kumar Jadaun Superintendent of Police Hardoi respondent no.-4 by issuing notice and asking as to why the direction for Lodgment of First Information report sent vide letter dated 28th Sept. 2022 as mentioned in letter dated 09/06/2025 against Shri Raghunandan respondent no.-1 has not been given to thana Incharge (Pachdevra) Tehsil- Shahabad District Hardoi respondent no.-7 till date and to explain as to what comprehensive plan has been chalked out for protection property of your humble petitioner-in- person in compliance of order dated 10.02.2021 (at page no. 215-221) passed by this Hon'ble Court in W.P. No. -4041/2021 (M/B) & in view of directions of Maintenance and welfare of Parents and Senior Citizens Act, 2007. D) Pass any order, writ or direction to Ms. Poonam Bhaskar Sub-Divisional Magistrate tehsil Shahabad District-Hardoi respondent no.-6 to explain as to why direction for lodgement of First Information Report sent vide letter dated 28-09-2022 has not been given to thana Incharge (Pachdevra) tehsil Shahabad District - Hardoi till date. E) Pass any order, writ or direction making query from Station House officer Pachdevra thana tehsil Shahabad District- Hardoi respondent no.-7 as to why Lodgement of First Information report sent vide letter dated 28th Sept 2022 against Shri Raghunanadan respondent no.-1 was not made despite the fact that the reasonable and credible information was given since 17th June 2018 through various letters by your humble petitioner-in- person. F) Pass any other order or direction which this Hon'ble court may deem fit & proper."

2. We have also gone through the judgment and order dated 10.02.2021 passed in Writ Petition No.4041 (M/B) of 2021 of which reference has been given by the petitioner while arguing the matter before this Court.

3. The petitioner had earlier filed Writ Petition No.4041 (M/B) of 2021 with misconceived prayers which are being quoted from the judgment and order dated 10.02.2021, a copy of which has been filed as Annexure-41 to the petition. "a. Pass any writ, order or direction in the nature of mandamus commanding/directing the opposite parties 1,2,3,4 & 5 to take appropriate immediate action against Sri Raghunandan respondent no.6 who has started destruction of the Larger part of the mango garden also in its outer periphery by lopping off the neem tree and sheesham tree after having destroyed the smaller part of mango garden in the event that the petitioner-in-person had made reasonable and credible complaint before the District Administration of by sending Six Photographs of lopped off trees in the legal notices/letter dated 05th Jan. 2021, 06 Jan., 2021 at page no.239, 240, 241, 244, 247, 249 & 251 of this writ petition. b. Pass any order/direction to Sub-Divisional Magistrate, tehsil Shahabad, District Hardoi respondent no.3 to serve the copy of letter dated 13.03.2019 to your humble petitioner-in-person which was supplied by him just one day before the hearing of W.P. No.7240 of 2019 (M/B) to the Ld. Standing Counsel on the date 14.03.2019 when order dated 14.03.2019 was passed. c. Pass any order or direction making query from Lekhpal respondent no.9 and respondent no.3 as to on what basis wrong information was giver to this Hon'ble Court during the hearing of W.P. No.7240 of 2019 (M/B) that no destruction or lopping off of any tree was done. d. Pass any order or direction making query from Station House Officer, Pachdevra, Thana tehsil Shahabad Dist. Hardoi respondent no.5 as to why any inquiry has not been conducted in the matter despite the fact that the reasonable and credible information was given in writing since 17th June, 2018 through various letters and legal notices by the petitioner-in-person. e. Pass any order or direction to Divisional Forest Officer, District Hardoi respondent no.4 and the District Magistrate, Hardoi respondent no.1 to provide protection to the grove under the provision of Section 38 of Indian Forest Act, 1927 on the written request made by the petitioner-in-person in the interest of justice and in the interest of climate and the environment."

4. This Court while considering the prayers made by the petitioner earlier had observed that the writ petition was highly misconceived and liable to be dismissed and also dismissed the petition with the observation that "In ordinary circumstances, dismissal of this petition would have entailed a heavy cost against the petitioner for bringing up a cause which is absolutely-frivolous and does not require any attention of this Court in exercise of its jurisdiction under Article 226 of Constitution of India, however considering the fact that the petitioner appears in person and is a retired employee and a senior citizen, we refrain ourselves from imposing costs.

5. From a perusal of the judgment passed by a Co- ordinate Bench and from a perusal of the prayers made in this writ petition, we are convinced that the petitioner is prone to repeated draughts on public time and refuses to understand the import of the judgment and order dated 10.02.2021 passed in Writ Petition No.4041 (M/B) of 2021.

6. In so far as any commission of offence by the alleged accused Raghunandan is concerned, it is always open for the petitioner to file an application under Sections 173(2) or 173(4) of BNSS, corresponding Sections 154(2) or 154(3) Cr.P.C., before the Police Station/Superintendent of Police concerned, or move an application under Section 175 (3) of BNSS, corresponding Section 156(3) Cr.P.C., before the Magistrate concerned or file a complaint case under Section 223 of BNSS, corresponding Section 200 Cr.P.C., before the authorities concerned.

7. Accordingly, the writ petition stands dismissed with the cost of Rs.1 lac (Rupees One Lac only) to be recovered from the moveable and immovable property of the petitioner. Order Date :- 1.8.2025 N.PAL NARESH PAL NARESH PAL High Court of Judicature at Allahabad, High Court of Judicature at Allahabad, Lucknow Bench Lucknow Bench