CHILDRENS ACADEMY ASSOCIATION Vs. LOK AYUKTA, UTTARANCHAL, DEHRADUN

JUDGEMENT

(1.) HEARD Mr. Siddharth Singh, Advocate for the petitioner, Mr. Paresh Tripathi, Additional Chief Standing Counsel for the State of Uttarakhand and Mr. Arvind Vashisth, Advocate for respondent no. 2.

(2.) THE petitioner which is a society registered under the Societies Registration Act is aggrieved by an order dated 29.11.2006 and 7.12.2006 by which the Lokayukta, Dehradun has passed certain orders which affect the society i.e. petitioner. The case of the petitioner is that certain complaints were made to the Lokayukta, Uttarakhand by his neighbours and particularly respondent no. 2 regarding certain constructions made by the petitioner in which cognizance has been taken by the Lokayukta. By the impugned order the Lokayukta has directed the Nagar Nigam to construct a drainage on the property of the petitioner and in effect it would also be a direction for removing the constructions made by the petitioner. The petitioner has challenged the jurisdiction of the learned Lokayukta for passing such orders.

(3.) THE petitioner has referred to Section 8(1) of U.P. Lokayukta and Up -Lokayuktas Act, 1975 which relates to the matter which are not subject matter of the Lokayukta. Section 8 (1) of U.P. Lokayukta and Up -Lokayuktas Act, 1975 reads as under : "8. Matters not subject to investigation. - (1) Except as hereinafter provided, the Lokayukta or an Up -Lokayukta shall not conduct any investigation under this Act - (a) except on a complaint made under and in accordance with Section 9; or (b) in the case of a complaint involving a grievance in respect of any action, - (i) if such action relates to any matter specified in the Third Schedule; or (ii) if the complainant has or had any remedy by way of proceeding before any Tribunal or Court of law : Provided that nothing in sub -clause (ii) shall prevent the Lokayukta or an Up -Lokayukta from conducting an investigation if he is satisfied that such person could not or cannot, for sufficient cause, have recourse to a remedy referred to in that sub -clause."