Vikas Tiwari vs State Of U.P. And 5 Others
2023 Latest Caselaw 21323 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 


?Neutral Citation No. - 2023:AHC:161140
 
Court No. - 49
 

 
Case :- PUBLIC INTEREST LITIGATION (PIL) No. - 1789 of 2023
 

 
Petitioner :- Vikas Tiwari
 
Respondent :- State Of U.P. And 5 Others
 
Counsel for Petitioner :- Santosh Kumar Tiwari
 
Counsel for Respondent :- C.S.C.,Pradeep Singh
 

 
Hon'ble Syed Qamar Hasan Rizvi,J.

Shri Santosh Kumar Tiwari, learned counsel for the petitioner and Shri Anshul Nigam, learned Standing Counsel for State-respondents No. 1, 2, 3 and 4 and Shri Pradeep Singh, learned counsel for respondent No. 6 Gaon Sabha are present.

The present public interest litigation has been filed by the petitioner for the following reliefs:-

"(1) Issue a writ, order or direction of a suitable nature of Mandamus directing the respondent authorities specially respondent No. 2 for to evict the private respondent as well as any other person who encroached "Chakmarg" situated in Arazi No. 365 area 0.061 Hectare situated in Village Kudi Khu, Tehsil Gyanpur, district Sant Ravidas Nagar (Bhadohi) with immediate effect."

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 Gaon Sabha has also on the basis of written instructions received from the Sub Divisional Officer-respondent No. 3 states that in the instant matter a restoration application has already been filed on 11.4.2023, which is pending for orders, and as such the relief as prayer for, by the petitioner in the instant petition is liable to be turned down at this stage.

In any case, learned counsel for the petitioner has failed to meet out the objections raised by the respondents.

After arguing the case at some length, learned counsel for the petitioner prays that at this stage, he does not want to press this petition and prayed that the same be dismissed as not pressed with the liberty granted to the petitioner to seek remedy as available under the U.P. Revenue Code, 2006.

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

Accordingly, this petition is dismissed as not pressed with the aforesaid liberty as prayed by the learned counsel for the petitioner.

Order Date :- 9.8.2023

Sumaira