Ram Pyare Yadav vs State Of U.P. And 23 Others
2023 Latest Caselaw 21688 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 


?Neutral Citation No. - 2023:AHC:162675
 
Court No. - 49
 
Case :- PUBLIC INTEREST LITIGATION (PIL) No. - 1817 of 2023
 
Petitioner :- Ram Pyare Yadav
 
Respondent :- State Of U.P. And 23 Others
 
Counsel for Petitioner :- Govind Narayan Mishra,Phool Chandra Singh
 
Counsel for Respondent :- C.S.C.,Bhupendra Kumar Tripathi
 
Hon'ble Syed Qamar Hasan Rizvi,J.

Shri Phool Chandra Singh, learned counsel for the petitioner and Shri Jiendra Narain Rai, learned Additional Chief Standing Counsel for State-respondents No. 1, 2, 3 and 4 and Shri Bhupendra Kumar Tripathi, 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 resondents No2/3 to remove the encroachment of resondent No. 6 to 24 on Rasta/Chak Marg Land, Araji No. 7/0.086 Hectare, 51/0.034 Hectare, 147/0.108 Hectare, 41/0.017 Hectare, 90/0.064 Hectare, Situated in Village Hasanpur, Post-Maroof Pur, police station Balua, Tehsil Sakaldeeha, district Chandauli."

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.

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 appropriate remedy as available to him under the law.

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

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

Order Date :- 10.8.2023/Sumaira