Prayagraj: The Allahabad High Court on Monday slapped a fine of Rs 5 lakh on the then delinquent District Magistrate of Gorakhpur K Vijayendra Pandian for initiating 'malicious' proceedings under the UP Goondas Act against the petitioner Kailash Jaiswal.
The Bench of Justice Suneet Kumar and Justice Syed Waiz Mian also directed the Uttar Pradesh government to initiate an inquiry against the 2008-batch IAS officer. Pandian is currently Commissioner of Treasuries & Accounts in the Tamil Nadu Government.
The Bench was hearing a petition filed by Jaiswal who alleged that he was being coerced by the district administration into vacating a property owned by him.
As per the order, the petition was regarding a bungalow built on 30,000 sq feet land on Gorakhpur’s Park Road that was acquired by Jaiswal in 1999 through a freehold deed from then Gorakhpur DM.
At the time of execution of the freehold deed, the Trade Tax Department was occupying the premises on rent and when it defaulted in payment of rent, the petitioner instituted a civil suit seeking ejectment, as well as, recovery of arrears of rent.
The suit was partially decreed, directing the ejectment of the Trade Tax Department, however, the Trade Tax Department did not vacate the premises. Thereafter, the petitioner obtained a direction from the HC to executing court to complete the execution within a period of one month. Though the Trade Tax Department took the dispute up to the Supreme Court, it got no relief in the matter.
Ultimately, the possession of the premises was handed over to the petitioner on 30 November 2010 and he started raising construction on the property. This was objected to by the District authorities. He again moved to the HC, wherein the Court restrained the City Magistrate to interfere with the peaceful possession of the property.
During the pendency of the suit, an FIR was also lodged against the Petitioner under sections 189, 332, 504, 506 I.P.C.by Deputy Commissioner (Administration) Trade Tax Department Gorakhpur alleging that he had threatened the DC, however, in this FIR, the petitioner obtained a 'no coercive action' order from the HC.
Further, on April 10, 2019, at about 10.00 night, 10-12 police officials in uniform, along with 6-7 officers in plain dress allegedly visited the house of the petitioner and threatened to kill him in a fake encounter, the entire episode got recorded in the CCTV.
The very next morning, a notice was issued by the District Magistrate, Gorakhpur against the petitioner under section 3/4 of the U.P. Goonda Act. Challenging the same, he moved to the HC with the instant writ plea.
Against this backdrop, the High Court observed that the facts of the case reflected high-handedness and gross misuse of the power by the District Magistrate as he refused to comply with the repeated orders of the State Government to withdraw the suit against the petitioner.
The Court observed, "...prima facie, we are convinced that the proceedings initiated against the petitioner is not only malicious but to harass the petitioner in respect of the property in dispute which admittedly vests with the petitioner lawfully. Further, the conduct of the respondent, in particular, the second respondent, District Magistrate, Gorakhpur, clearly demonstrates that he has no respect for the rule and law and has become a law unto himself..." (Agencies)
