Citation : 2024 Latest Caselaw 20063 ALL
Judgement Date : 30 May, 2024
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH ?Neutral Citation No. - 2024:AHC-LKO:41211-DB Court No. - 2 Case :- PUBLIC INTEREST LITIGATION (PIL) No. - 481 of 2024 Petitioner :- Devi Prasad Pandey Respondent :- State Of U.P. Thru. Addl Chief Secy. Revenue Sectt. Lko. And 4 Others Counsel for Petitioner :- Dinesh Kumar Mishra Counsel for Respondent :- C.S.C.,Ripu Daman Shahi Hon'ble Rajan Roy,J.
Hon'ble Om Prakash Shukla,J.
1. Heard.
2. Petitioner had earlier filed a Writ Petition bearing No.6705 (M/B) of 2012 which was connected with other similar writ petitions wherein allegation was of encroachment on an Abadi land. All the writ petitions were disposed of by a common judgment dated 28.05.2014. We have gone through its operative portion. The cause of action, according to the petitioner, is still the same as it was at the time of disposal of the said petitions. Therefore, we fail to understand as to how this second petition. If the cause of action still subsists then the petitioner can approach the concerned authorities such as Tehsildar concerned who can look into the matter and do the needful or he may approach the Collector. If according to him it is the Nagar Palika concerned which has the authority to act in the matter then he can approach the Executive Officer of the Nagar Palika who can get the facts verified and take such action as is required and permissible in law.
3. With these observations, we dispose of this petition without entering into the merits of the issues involved and without prejudice to the rights of the affected parties.
(Om Prakash Shukla,J.) (Rajan Roy,J.)
Order Date :- 30.5.2024
Shanu/-
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