Citation : 2023 Latest Caselaw 27112 ALL
Judgement Date : 4 October, 2023
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Neutral Citation No. - 2023:AHC:191060 Court No. - 49 Case :- PUBLIC INTEREST LITIGATION (PIL) No. - 1826 of 2023 Petitioner :- Uday Singh Respondent :- State Of U.P. And 5 Others Counsel for Petitioner :- Madan Ji Pandey Counsel for Respondent :- C.S.C.,Arun Kumar Pandey Hon'ble Syed Qamar Hasan Rizvi,J.
Heard Shri Madan Ji Pandey, learned counsel for the petitioner and Shri Anshul Nigam, learned Standing Counsel for State-respondents No. 1 to 3.
Shri Arun Kumar Pandey, learned counsel has accepted notice on behalf of respondent No. 6 Gram Panchayat
The present writ petition has been filed with the following prayer:-.
"Issue a writ, order or direction in the nature of mandamus or directing the respondents for implement the Report/Letter dated 16.10.2021 and 29.10.2021 letter no. 367 and 394 complaint no. 40013521023041 on 23.9.2021 issued by competent authority (Annexure No. 2 to this writ petition) to respondent no. 2 and 3, which is only State utility land, as earliest as possible within some stipulated period as earliest and further directing and commanding the respondents autority, to take necessary action upon the complaint/application dated 23.9.2021, and 21.3.2023 of the petitioner, for vacating the reserve land which is public utility land, as earliest as possible within some stipulated period, as earliest as possible, failing which petitioer shall suffer irreparable loss and injury."
Learned Standing Counsel raised a preliminary objection regarding the maintainability of the writ petition on the ground that 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. In support of his objection he has also relied upon the recent decision of this Court in the case of Bhoopendra Singh vs. State of U.P. and others; 2023 AHC:173609.
Learned counsel for the petitioner after arguing the matter at some length submits that he does not want to press the present public interest litigation.
As prayed by the learned counsel for the petitioner, the writ petition is dismissed as withdrawn.
Order Date :- 4.10.2023
Sumaira
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