Saurabh Yadav vs State Of U.P. And 3 Others
2023 Latest Caselaw 20175 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 


?Neutral Citation No. - 2023:AHC:157103
 
Court No. - 49
 

 
Case :- PUBLIC INTEREST LITIGATION (PIL) No. - 1715 of 2023
 

 
Petitioner :- Saurabh Yadav
 
Respondent :- State Of U.P. And 3 Others
 
Counsel for Petitioner :- Rajesh Kumar Yadav
 
Counsel for Respondent :- C.S.C.,Arun Kumar Pandey
 

 
Hon'ble Syed Qamar Hasan Rizvi,J.

1. Heard Sri Rajesh Kumar Yadav, learned counsel for the petitioner and Sri Jitendra Narain Rai, learned Additional Chief Standing Counsel for respondents nos. 1, 2 & 3. Notice on behalf of Gram Sabha-respondent no.4 has been accepted by Sri Arun Kumar Pandey.

2. The present writ petition has been filed for the following reliefs:

"(i) To issue a writ, order or direction in the nature of mandamus directing/commanding the respondents to take appropriate steps for stopping the construction of manure pit over Khasra No. 306, which is recorded in revenue record as Kanya Pathshala.

(ii) To issue a writ, order or direction in the nature of mandamus directing/commanding the respondent no.2 to pass appropriate order over the application/representation of the petitioner dated 05.07.2023 within stipulated time period.

(iii) ........................

(iv) ........................."

3. At the very outset, learned Additional Chief 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.

4. Learned Additional Chief Standing submits that the case of the petitioner is that the Khasra No. 306 is recorded in the name of Kanya Pathshala. He further submits that the Kanya Pathshala has not come before this Court for the ventilation of its grievances while the petitioner, who has no locus-standi to spouse the cuase of Kanya Pathshala, has filed this Public Interest Litigation as such the petition is not maintainable.

5. At this stage, leaned counsel for the petitioner submits that he has already moved a representation before the District Magistrate on 05.07.2023, which is pending for consideration before him.

6. In view of the objections raised by the learned Additional Chief Standing Counsel, the present Public Interest Litigation is dismissed being not maintainable.

7. However, in the interest of justice, it is made open to the petitioner to move an appropriate application, narrating all the facts in detail before the Sub Divisional Magistrate, Tehsil Sadar, District Moradabad for immediate action in accordance with law.

Order Date :- 2.8.2023

Abhishek Gupta