Created by Fuzzy Cloud

Allahabad High Court

GOVIND LAL SRIVASTAVAversusSTATE OF U.P. AND 5 OTHERS

Decided

Holding

The writ petition is dismissed as not pressed, with exemplary costs, and no liberty is granted to file a fresh petition on the same cause of action.

Summary

The petitioner, Govind Lal Srivastava, filed a writ petition seeking a certiorari to quash several notices issued by the Joint Development Commissioner, Varanasi Division, alleging they were based on forged medical reimbursement bills. The respondent submitted instructions from the Commissioner dated 15.04.2026, indicating the notices were valid. The court noted that the petitioner had previously filed Writ A No.2145 of 2026 on the same subject, but did not refer to it in the present petition. The court held that the present petition was not pressed and dismissed it, imposing exemplary costs and expressly prohibiting the petitioner from filing a fresh petition on the same cause of action. The order also directed the registry to place a copy of this order in the earlier writ petition within ten days.

Issues considered

  • Whether the writ petition is maintainable and pressed in view of the earlier petition on the same cause of action
  • Whether the petitioner is entitled to relief against the notices issued by the Joint Development Commissioner

Subjects

  • writ petition
  • not pressed
  • exemplary costs
  • jurisdiction
  • medical reimbursement
  • forged bills
  • certiorari

Judgment

         HIGH COURT OF JUDICATURE AT ALLAHABAD
                           WRIT - A No. - 5374 of 2026

Govind Lal Srivastava
                                                                     .....Petitioner(s)
                                       Versus

State Of U.P. And 5 Others
                                                                   .....Respondent(s)

Counsel for Petitioner(s)           : Chandra Prakash Srivastava, Dhiraj
                                      Kumar Srivastava
Counsel for Respondent(s)           : C.S.C.

Court No. - 6
                      HON'BLE PRAKASH PADIA, J.

1. The petitioner has preferred the present writ petition inter-alia with the
following prayer:-

     "i. Issue a writ order, or direction in the nature of certiorari to quash the
     illegal notices dated 19.12.2025, 28.01.2026, 29.01.2026, 31.01.2026 &
     16.03.2026 issued by respondent no. 4 i.e. Joint Development
     Commissioner Varanasi Division, Varanasi and summon the record."

2. Shri Dharmendra Prasad Singh, leaned Additional Chief Standing
Counsel placed before this Court instructions provided by the Joint
Development Commissioner, Varanasi Division, Varanasi dated
15.04.2026, the same is taken on record.

3. On the basis of the aforesaid, it is argued that large number of forged
bills for medical reimbursement were submitted by the petitioner and in
respect of which the notice in question has been issued to him. It is further
argued that earlier Writ A No.2145 of 2026 was filed by the same
petitioner challenging the orders passed by the authorities but in respect
of the reimbursement of medical bills but the reference of the aforesaid
writ petition has not been made in the present writ petition.

4. In this view of the matter, it is argued that present writ petition is liable
to be dismissed imposing exemplary cost upon the petitioner.

5. At this point of time, a prayer has been made by the counsel for the
                                                                                             WRIA No. 5374 of 2026
                                                                    2


                                    petitioner to dismiss the present writ petition as not pressed.

                                    6. Accordingly, the writ petition is dismissed as not pressed.

                                    7. It is made clear that no liberty whatsoever has been granted to the
                                    petitioner to file a fresh petition for the same cause of action.

                                    8. Registry is directed to place the copy of this order in the writ petition
                                    being Writ A No.2145 of 2026 within ten days.



                                                                                              (Prakash Padia,J.)
                                    April 16, 2026
                                    Swati




Digitally signed by :-
SWATI PATHAK
High Court of Judicature at Allahabad


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

For a signed copy suitable for filing, refer to the court's website.