Ghanshyam Mishra vs State Of U.P. Thru Secretary ...
2023 Latest Caselaw 2124 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 1
 

 
Case :- PUBLIC INTEREST LITIGATION (PIL) No. - 21624 of 2019
 
Petitioner :- Ghanshyam Mishra
 
Respondent :- State Of U.P. Thru Secretary Revenue Deptt. And Ors.
 
Counsel for Petitioner :- Sunil Kumar Mishra
 
Counsel for Respondent :- C.S.C.
 

 
Hon'ble Ramesh Sinha,J.

Hon'ble Subhash Vidyarthi,J.

Heard Shri S.K. Mishra, learned counsel for petitioner and Shri Nishant Shukla, learned Standing Counsel for State-respondents.

The instant Public Interest Litigation (PIL) has been filed by the petitioner- Ghanshyam Mishra, seeking following reliefs:-

"I. Issue a writ, order or direction in the nature of mandamus commanding the opposite party no.1 to 7 directing them to demolish the illegal structure raised by opposite party no.8 & 9 upon the land which belongs to Government Land and lodge First Information Report against the responsible person.

II. Issue a writ, order or direction in the nature of mandamus commanding the opposite party no.1, 2 & 3 directing them to initiate enquiry and fix responsibilities against the responsible officials."

Learned Standing Counsel, on the basis of instructions received by him, states that there is injunction order which has been passed by the competent Court in the year 1995 and moreover, he has also drawn attention of the Court towards prayer made in the present P.I.L.

Learned Counsel for the petitioner states that earlier petitioner has approached this Court by filing P.I.L. Civil No.20357 of 2019, which was dismissed as withdrawn on the prayer of learned counsel for petitioner, by a Co-ordinate Bench of this Court vide order dated 26.07.2019. Therefore, he again come up before this Court by filing the instant P.I.L.

Moreso, the petitioner has not made due disclosure as required by sub-rule (3A) of Rule 1 of Chapter XXII of the Allahabad High Court Rules, 1952 which was amended in view of the judgment of the Apex Court passed in the case of State of Uttaranchal Vs. Balwant Singh Chaufal & Ors. : 2010 AIR SCW 1029.

Considering the aforesaid facts and circumstances, we do not find any good ground to interfere in the matter.

The instant Public Interest Litigation is, accordingly, dismissed.

(Subhash Vidyarthi, J.) (Ramesh Sinha, J.)

Order Date :- 19.1.2023

Shubhankar