High Court of Punjab and HaryanaCWP/26918/2017dismissed

Punjab Agricultural University v. Vidya Sagar

2018-01-11Mr. Justice R.P. Nagrath1 pages

Vinod Kumar 2018.01.17 16:01 I attest to the accuracy and integrity of this document

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH CWP No.26918 of 2017 Date of decision:11.01.2018 Punjab Agriculture University, Ludhiana

...Petitioner

Versus

Vidya Sagar

...Respondent

Coram:

Hon'ble Mr. Justice Rakesh Kumar Jain

Present:

Mr. Arnav Kumar Sood, Advocate, for the petitioner.

**** Rakesh Kumar Jain, J. (Oral) This petition is filed by the Punjab Agriculture University against a private person to quash the Civil Suits and Criminal Complaints filed by him against the University. The respondent was working as a Draftsman and retired from the University on 31.01.1999 as Senior Draftsman and has allegedly filed several Civil Suits and Criminal Complaints against the petitioner-University.

Counsel for the petitioner has submitted that since the Civil Suits and the Criminal Complaints filed by the respondent are frivolous, therefore, a writ of certiorari be issued for quashing the same and a direction may be issued to the respondent that he may not file any further litigation against the University and its officials.

I have heard learned counsel for the petitioner and examined the available record.

Firstly, the writ petition under Article 226 of the Constitution of India is not maintainable as it would lie only against the State and secondly, no such writ can be issued for quashing the Civil Suits and the Criminal Complaints filed by the respondent as the petitioner has the remedy of contesting those Civil Suits and Criminal Complaints in the due course of law. Consequently, the present writ petition is hereby dismissed being not maintainable, though without any order as to costs. January 11, 2018 (Rakesh Kumar Jain) vinod* Judge Whether speaking / reasoned:

Yes/No Whether Reportable:

Yes/No