Gajadhar vs State Of U.P. And 5 Others
2023 Latest Caselaw 12621 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

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Court No. - 19
 

 
Case :- WRIT - C No. - 12528 of 2023
 

 
Petitioner :- Gajadhar
 
Respondent :- State Of U.P. And 5 Others
 
Counsel for Petitioner :- Yashpal Yadav,Ravindra Kumar Yadav
 
Counsel for Respondent :- C.S.C.
 

 
Hon'ble Syed Qamar Hasan Rizvi,J.

Heard Sri Ravindra Kumar Yadav Advocate holding brief of Sri Yashpal,learned counsel for the petitioner, learned Standing Counsel representing the State respondents and perused the record.

The instant writ petition has been filed, interalia, for the following relief:-

"Issue a writ, order or direction in the nature of mandamus and direct respondent nos. 3 and 4-Assistant Collector and Tehsildar, Tehsil-Sadar, Azamgarh to exercise power under Section 26 of the Revenue Code and ensure removal of encorachment from the Kharanja Road and reserving it for public use without specified time frame."

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 petitioner prays that at this stage, he does not want to press this petition and the same may be dismissed as not pressed with the liberty granted to the petitioner to file a fresh petition with better details and pleadings.

The aforesaid prayer made by learned counsel for the petitioner is allowed.

Accordingly, this petition is dismissed as not pressed with the aforesaid liberty.

Order Date :- 24.4.2023

Satish