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Uttarakhand High Court says in PIL jurisdiction, a judgment cannot be quashed

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The Uttarakhand High Court dismissed a PIL, with a cost of Rs 10,000 on the petitioner, with an observation that in PIL jurisdiction a judgment cannot be quashed.

The division bench comprising of Chief Justice Raghvendra Singh Chauhan and Justice Alok Kumar Verma noted,

“A bare perusal of prayer clause clearly reveals that in PIL jurisdiction, a judgment cannot be quashed. If the petitioner has any grievance against that judgment, he should have invoked the other legal remedies available to him.”

The present PIL has been filed by one Vinay Jayswal who made the following prayers before the High Court:

a. To issue a writ, order or direction in the nature of certiorari to summon the entire revenue record related to the disputed exchange of land and quash and set-aside the judgment and order dated November 16, 2015, passed by Assistant Collector First Class, Tehsil- Vikas Nagar, Dehradun.

b. To issue a writ, order or direction in the nature of mandamus commanding and directing the State of Uttarakhand to punish all the respondents who overtly or covertly aided assisted and colluded with Private Respondent in disputed exchange of land of Gram Sabha Nawabgarh, Mauza Dakpathar, Tehsil Vikasnagar, District Dehradun which has caused irreparable loss and injury to Gram Sabha of Nawabgarh.

c. To issue a writ, order or direction in the nature of mandamus commanding and directing the State of Uttarakhand through its Secretary , Revenue , Deharadun to return the disputed exchanged land in favour of Private Respondent once again be returned to Gram Sabha, Village Nawabgarh, Mauza Dakpathar, Tehsil Vikasnagar, District Dehradun along with imposing exemplary cost upon the wrongdoers.

Also Read: Uttarakhand HC asks state disaster management secretary to appear on November 24 over lack of action to arrest landslides in Nainital’s Baliyanala

Moreover, the Court does not find any merit in the PIL. Therefore the Bench dismissed the PIL with a cost of Rs.10,000 on the petitioner.

“The petitioner is directed to deposit Rs.10,000/- before the Registrar General of this Court within a period of two weeks. The said amount shall be transferred into the High Court Advocates’ Welfare Fund. The Registrar General shall inform this Court whether the said amount has been deposited or not within the stipulated period. In case, the amount is not deposited, the concerned Collector shall realize the amount as arrears of land revenue”

-the order reads.

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