Ved Prakash vs State Of U.P. Thru. Its Additional ...
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HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 20
 

 
Case :- PUBLIC INTEREST LITIGATION (PIL) No. - 952 of 2022
 

 
Petitioner :- Ved Prakash
 
Respondent :- State Of U.P. Thru. Its Additional Chief Secy. Deptt. Of Food And Civil Supplies Lko. And 4 Others
 
Counsel for Petitioner :- Alok Kr. Misra
 
Counsel for Respondent :- C.S.C.,Mohan Singh
 

 
Hon'ble Manish Kumar,J.

Present public interest litigation has been preferred by the petitioner with the following main prayer, which is quoted hereunder:-

" Issue writ order of direction in the nature of mandamus commanding to concerned opposite parties that they consider the case of petitioner and proceed according to law in the matter and thereafter to cancel the fair price shop of opposite party no. 5 within reasonable time as early as possible, in the interest of justice"

Para no. 2 of the present petition is quoted hereunder:-

"That it is submitted that petitioners have no any personal or private interest and there is no any authoritative pronouncement by the Hon'ble Supreme Court or Hon'ble High Court on the question raised and the result of litigation will not lead to any undue gain to him or anyone associated with them or any undue loss to any person, body of person or the State. It is also submitted that no writ petition, application, including review application, etc. or any other proceedings arising from or related to the impugned order or the relief sought before this Court has been filed or is pending to the best of his knowledge before this Court, at Allahabad or Lucknow or any Court/Authority, Tribunal etc."

Perusal of aforequoted depicts that the declaration given by the petitioner is against the prayer made in the petition.

After going through the prayer made in the petition and the averments made in the para no. 2 of the petition, it is evident that the present petition is not a public interest litigation rather it is an Personal Interest Litigation filed by the petitioner which is not maintainable as per Chapter XXII Sub Rule 3A of the Allahabad High Court Rules, 1952 and the law propounded by Hon'ble Apex Court as well as this Court in the Cases of State of Uttaranchal Vs. Balwant Singh Chaufal reported in (2010 3 SCC 402 and in the case of Gurmeet Singh Soni (Adv) Vs. State of U.P. ( PIL Civil No. 11520 of 2021, Judgment dated 07.06.2021) respectively. It is also evident that present public interest litigation has been filed by the petitioner for his personal interest i.e. for allotment of fair price shop in his favour.

In view of the aforesaid, the present public interest litigation is misconceived thus, it is hereby dismissed.

Order Date :- 23.12.2022

Ashish