Radhey Shyam Maurya vs State Of U.P. And 4 Others
2022 Latest Caselaw 3309 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 18
 
Case :- PUBLIC INTEREST LITIGATION (PIL) No. - 692 of 2022
 
Petitioner :- Radhey Shyam Maurya
 
Respondent :- State Of U.P. And 4 Others
 
Counsel for Petitioner :- Mahendra Kumar Yadav,Vinod Kumar Yadav
 
Counsel for Respondent :- C.S.C.
 

 
Hon'ble Prakash Padia,J.

Today when the matter is taken up, a preliminary objection has been raised by the learned Standing Counsel regarding maintainability of the present PIL by contending that though the petition is ostensibly filed in the public interest, the petitioner has not made due disclosure as required by sub-rule (3A) of Rule 1 of Chapter XXII of the Allahabad High Court Rules, 1952, which was amended in view of the judgment of the Supreme Court passed in the case of State of Uttaranchal Vs. Balwant Singh Chaufal & Ors., 2010 AIR SCW 1029, and prays for dismissal of the present PIL.

Following the judgment of the Supreme Court passed in the case of State of Uttaranchal (supra), Chapter XXII of the Allahabad High Court Rules, 1952 was amended by including sub-rule (3A) in Rule 1, which is as follows:-

"(3A) In addition to satisfying the requirements of the other rules in this Chapter, the petitioner seeking to file a Public Interest Litigation, should precisely and specifically state, in the affidavit to be sworn by him giving his credentials, the public cause he is seeking to espouse; that he has no personal or private interest in the matter; that there is no authoritative pronouncement by the Supreme Court or High Court on the question raised; and that the result of the Litigation will not lead to any undue gain to him or anyone associated with him, or any undue loss to any person, body of persons or the State."

At this point of time, learned counsel for the petitioner prays for dismissal of the present P.I.L. with liberty to file fresh P.I.L.

Learned counsel for the respondents has no objection to the prayer made by learned counsel for the petitioner.

Accordingly, the present P.I.L. is dismissed with liberty as prayed.

Order Date :- 18.5.2022/S.K.