Allahabad High Court
Jai Prakash Mishra vs State Of U.P. Thru. Prin. Secy. ... on 8 July, 2022
Bench: Manish Kumar
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
?Court No. - 20
Case :- PUBLIC INTEREST LITIGATION (PIL) No. - 332 of 2022
Petitioner :- Jai Prakash Mishra
Respondent :- State Of U.P. Thru. Prin. Secy. Deptt. Revenue Civil Sectt. Lko. And Others
Counsel for Petitioner :- Jagdish Pratap Pandey
Counsel for Respondent :- C.S.C.,Mohan Singh
Hon'ble Manish Kumar,J.
Learned standing counsel has received photostat copy of the instructions dated 08.07.2022 from the Tehsildar, Amethi. The same is taken on record.
Learned counsel for the petitioner has submitted that opposite party nos. 6 to 13 are raising illegal construction on the public utility land bearing Gata no. 7/0.9610 hectare (Charagah), Gata No. 269/0.1520 hectare (Charagah), situated at village Khargipur, Post Ramganj, Pargana Asal, Tehsil and District Amethi, so the direction may be issued to the opposite party nos. 1 to 4 to get the encroachment removed. It is further submitted that earlier also, the petitioner has approached this Court by filing a Writ Petition No. 9854 (MB) of 2014 which has finally been disposed of by this Court vide its order dated 07.10.2014 with a direction to the petitioner to approach the Assistant Collector for redressal of his grievance by moving an application and the same shall be considered and proceeded in accordance with the provisions of U.P.Z.A. & L.R. Act, 1950 (hereinafter referred to as the Act, 1950) and the Rules framed therein.
It is further submitted that in pursuance of the judgment/order dated 07.10.2014, the cases have been registered against the private opposite parties under Section 122 of the Act, 1950. It is further submitted that the opposite parties are raising constructions (photographs have been enclosed at pages 18 & 19 of the paper book) despite the proceedings are pending against them and the matters are pending as it is. In support of his submission, he relied upon the letter dated 01.09.2015 issued from the Office of Tehsildar, Amethi.
On the other hand, learned standing counsel on the basis of instructions dated 08.07.2022 received from the Tehsildar, Amethi has informed this Court that out of eight private opposite parties, in five of the private opposite parties, the orders have been passed against them under Section 122 of the Act, 1950 and a notice for eviction has been issued against them under Akarpatra 49 (Ga) and for remaining three private respondents, the proceedings are at the final stages and likely to be decided finally within a month or two.
After hearing learned counsel for the parties and going through the record, it is found that the proceedings against the private opposite parties were initiated and have been adjudicated finally and thereafter for eviction, notices have already been issued as provided under the law against five private respondents.
From the pleadings, it is found that before filing the present Public Interest Litigation, neither the petitioner nor his counsel has made any exercise or homework as the letter of the Tehsildar of the year 2015 enclosed to show that the matters are pending whereas the present Writ Petition/Public Interest Litigation has been filed in the year 2022, without making any effort to know about the status of the cases. Secondly, the photograph which has been enclosed with the pleading that the construction work is still going on is without there being any mention of date or anything to show that the construction is going at present and on the very same property. Such a preparation before filing of Public Interest Litigation is highly depricated but fact of the matter is that there was an encroachment and the proceedings were initiated against the encroachers.
In view of above, no fruitful purpose would be served to keep this case pending before this Court as the proceedings have already been initiated and thus, the present writ petition is disposed of finally in the light of the instructions received by the Standing Counsel.
Order Date :- 8.7.2022
Nitesh
