Raj Kumar vs State Of U.P. And 5 Others
2023 Latest Caselaw 12142 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 19
 

 
Case :- PUBLIC INTEREST LITIGATION (PIL) No. - 856 of 2023
 

 
Petitioner :- Raj Kumar
 
Respondent :- State Of U.P. And 5 Others
 
Counsel for Petitioner :- Ajay Kumar Kushwaha,Prasoon Tomar
 
Counsel for Respondent :- C.S.C.,Krishna Kant Singh
 

 
Hon'ble Syed Qamar Hasan Rizvi,J.

Heard Sri Ajay Kumar Kushwaha, learned counsel for the petitioner, Sri Krishna Kant, learned counsel for the respondent no.5, Sri Surendra Pratap Singh, learned Standing Counsel for the respondent nos. 1 to 4.

The present Public Interest Litigation has been filed by the petitioner with following prayer:

"Issue a writ order or dierection in the nature of mandamus commanding the respondents to remove the encroachment/wrongful occupation/illegal construction on the road/chak marg, having Gata No./khasara no. 399 with area 0.0310 hectare in village- Kheda, Pargana- Chandaus, Tehsil- Khair and District- Aligarh in pursuance to order dated 14.02.2023 passed by Tehsildar, Tehsil Khair, District- Aligarh/respondent no.4, within stipulated time."

At the very outset, learned Standing Counsel has raised a preliminary objection regarding the maintainability of the present Public Interest Litigation as the petitioner has not disclosed the credentials and other details that are required under Sub-Rule (3-A) of Rule 1 of Chapter XXII of the Allahabad High Court Rules (Rules of Court, 1952), which has been amended in the light of judgment passed by the Hon'ble Supreme Court in State of Uttranchal versus Balwant Singh Chaufal & others reported in 2010 AIR SCW 1029.

Learned counsel for the respondent no.5, Land Management Committee has drew the attention of this Court towards the order dated 14.02.2023 passed by the Tehsildar, Tehsil Khair, District- Aligarh, by means of which the order for the dispossession of the private respondent no.6 has been passed and a penalty of Rs. 82,856/- has been imposed. Learned counsel for the respondent submits that since the order for the dispossession has already been passed, there is nothing survives in this petition to be decided.

In view of above, the present Public Interest Litigation is accordingly dismissed.

Order Date :- 20.4.2023

Abhishek Gupta