Uday Yadav vs State Of U.P. And 4 Others
2023 Latest Caselaw 15236 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Neutral Citation No. - 2023:AHC:109357
 
Court No. - 19
 

 
Case :- PUBLIC INTEREST LITIGATION (PIL) No. - 736 of 2023
 

 
Petitioner :- Uday Yadav
 
Respondent :- State Of U.P. And 4 Others
 
Counsel for Petitioner :- Pankaj Kumar Srivastava,Ambuj Srivastava
 
Counsel for Respondent :- C.S.C.
 

 
Hon'ble Syed Qamar Hasan Rizvi,J.

1. Heard Sri Ambuj Srivastava, learned counsel for the petitioner, Sri Sunil Pratap Singh, learned Standing Counsel for respondents no.1, 2 and 3.

2. Learned counsel for the petitioner submits that inadvertently, Gaon Sabha , Khakhara, District Mirzapur has not been impleaded as the respondent in the present petition, which is a necessary party.

3. 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.

4. 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 not pressed with the liberty granted to the petitioner to file a fresh petition with proper particulars. Learned Standing Counsel submits that he has no objection in case such liberty is granted to the petitioner.

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

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

Order Date :- 15.5.2023

Abhishek Gupta