Mehandi Hasan vs State Of U.P. And 3 Others
2023 Latest Caselaw 20815 ALL

Citation : 2023 Latest Caselaw 20815 ALL
Judgement Date : 4 August, 2023

Allahabad High Court

Mehandi Hasan vs State Of U.P. And 3 Others on 4 August, 2023

Bench: Syed Qamar Rizvi





HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 


?Neutral Citation No. - 2023:AHC:157392
 
Court No. - 49
 

 
Case :- PUBLIC INTEREST LITIGATION (PIL) No. - 1744 of 2023
 

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

 
Hon'ble Syed Qamar Hasan Rizvi,J.

1. Heard Sri Rajesh Kumar Mishra, learned counsel for the petitioner, Sri Anshul Nigam, learned Standing Counsel representing the respondent nos. 1 & 2 and perused the record.

2. Notice on behalf of Gaon Sabha has been accepted by Sri Arun Kumar Pandey, learned Standing Counsel.

3. The present Public Interest Litigation has been preferred, inter alia, for the following relief:

"(i) Issue a writ, order or direction in the nature of mandamus directing the respondent No.2 to remove the illegal encroachment of respondent No. 4 upon Arazi no. 96 area 0.0610 (School) situated in Village-Mankara Kadeem, Tehsil-Bilaspur, District-Rampur, within stipulated period which this Hon'ble Court may deem fit and proper to the circumstances of the case."

4. 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.

5. 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for the petitioner prays that at this stage, he does not want to press this petition and the same may be dismissed as withdrawn with the liberty granted to the petitioner to file a fresh petition with proper particulars.

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

7. Accordingly, the present Public Interest Litigation is dismissed as withdrawn with the aforesaid liberty.

Order Date :- 4.8.2023

Karan