Aavid Husain vs State Of U.P. And 4 Others
2024 Latest Caselaw 15383 ALL

Citation : 2024 Latest Caselaw 15383 ALL
Judgement Date : 2 May, 2024

Allahabad High Court

Aavid Husain vs State Of U.P. And 4 Others on 2 May, 2024





HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 


?Neutral Citation No. - 2024:AHC:78584
 
Court No. - 49
 

 
Case :- PUBLIC INTEREST LITIGATION (PIL) No. - 249 of 2023
 
Petitioner :- Aavid Husain
 
Respondent :- State Of U.P. And 4 Others
 
Counsel for Petitioner :- Girish Kumar Mishra
 
Counsel for Respondent :- C.S.C.,Suresh Singh
 

 
Hon'ble Manish Kumar Nigam,J.

1. The instant petition has been filed for the following relief:

"(i) Issue a writ order or direction please to quash the order dated 31.10.2022 passed by District Magistrate, Bareilly in Case No.00483 of 2021 and computer Case No.D202112130000483, State Vs. Sahabuddeen under Section 67(5), U.P. Revenue Code, 2006 and order dated 9.10.2020 passed by Assistant Collector, Tehsil- Meerganj, District Bareilly in Case No.02262/2018 and Computer Case No.T201812130602262 Gram Sabha Vs. Sahabuddeen under Section 67 of the U.P. Revenue Code, 2006 (Annexure No.1 and 2).

(ii) Issue any other order or direction to removed the possession of the respondent no.5 to public land which this Hon'ble Court may deems fit and proper under the fact and circumstances of the case."

2. Sri Suresh Singh, learned Counsel appearing for respondent no.5 has stated that earlier also the petitioner has filed a Public Interest Litigation No.2206 of 2023 which has been dismissed by this Court by the order dated 31.10.2023 holding that PIL is not maintainable to challenge the orders passed in proceedings under Section 67 of the U.P. Revenue Code.

3. Perused the record.

4. This Public Interest Litigation has also been filed challenging the orders passed under Section 67 of the U.P. Revenue Code, 2006. In view of the judgment passed in PIL No.2206 of 2023 dated 31.10.2023, the present PIL is also not maintainable and is nothing but misuse of law.

5. The present Public Interest Litigation is dismissed.

Order Date :- 2.5.2024

S. Singh