Rakesh Kumar v. Union Of India & ORS

$~46 * IN THE HIGH COURT OF DELHI AT NEW DELHI + LPA 403/2018 RAKESH KUMAR ..... Appellant Through:

Appellant in person versus UNION OF INDIA & ORS ..... Respondents Through:

None

CORAM:

HON'BLE MR. JUSTICE SANJIV KHANNA HON'BLE MR. JUSTICE CHANDER SHEKHAR

O R D E R

% 25.07.2018 CM No.29396/2018 Delay in re-filing of the appeal, though substantial, is condoned, noticing the fact that the appellant appears in person and may not be familiar with the rules and, therefore, had taken time to rectify the defects.

LPA No.403/2018 Appellant, who appears in person, impugns order dated 21.11.2017 passed by the learned Single Judge in WP(C) No.10354/2017. Impugned order is short and reads: "1. The petitioner has filed the present petition, inter alia, praying as under:- "a) Issue a writ of mandamus directing the respondents to take appropriate and logical action on the complaints of

the petitioner through his 17 letters between 09.07.2015 to 30.06.2017 which were just forwarded to the chief secretary of Bihar who neither took any action on the letters from Hon'ble PM and Hon'ble President of India nor replied the letters, which is expedient to ensure the security of the petitioner."

2. The petitioner apprehends a threat to his security in the State of Bihar and, therefore, has been writing letters to the Hon‟ble President of India and Hon‟ble Prime Minister of India, who have forwarded these letters to the concerned authorities in the State of Bihar.

3. This Court is unable to grant the relief as prayed for by the petitioner and there is no statute which requires the Prime Minister or the President to adjudicate the complaints or to act in a particular manner. The request made by the petitioner would obviously have to be referred to the concerned authorities; which has been done in this case.

4. The petition is, accordingly, dismissed with liberty to the petitioner to file appropriate proceedings in an appropriate forum."

Letters written by the appellant to the President of India and the Prime Minister of India have been forwarded to the concerned authorities in the State of Bihar for examination. We do not think any directions as prayed in the writ petition, can be issued. No legal right

or duty has been shown. Learned Single Judge had rightly dismissed the writ petition, giving liberty to the appellant to initiate appropriate proceedings in an appropriate forum.

Appeal is dismissed. No costs.

SANJIV KHANNA, J CHANDER SHEKHAR, J JULY 25, 2018 tp