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2025 DAILYLAW 100219 (ALL)

BRIJESH KUMAR GANGWAR v. STATE OF U.P. AND 4 OTHERS

WPIL/3023/2025 · 2025-09-24

Arun Bhansali, Kshitij Shailendra

Public Interest Litigationbody2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD PUBLIC INTEREST LITIGATION (PIL) No. - 3023 of 2025 Chief Justice's Court HON'BLE ARUN BHANSALI, CHIEF JUSTICE HON'BLE KSHITIJ SHAILENDRA, J. 1. This petition, purportedly in public interest, has been filed by the petitioner seeking a direction to the Authorities to demarcate Arazi No. 172 and Arazi No. 158 being Chak Marg and Nali, respectively and remove the obstruction made by the private respondent and construct the Chak Marg and Nali at Ward No. 22, Mohalla-Raura Kala, Tehsil-Milak, District-Rampur. 2. Submissions have been made that the construction is being undertaken by the Nagar Palika Parishad, however, respondent No. 5 is seeking to obstruct the said construction and therefore, the respondents be directed to do the needful, as prayed in the petition. 3. A perusal of the record indicates that the Nagar Palika Parishad itself is in the process of constructing the Chak Marg, however, as alleged, respondent No. 5 is obstructing the same. 4. Once the construction is being undertaken by the Nagar Palika Parishad and respondent No. 5, a private party, is seeking to obstruct, the Nagar Palika Parishad is competent enough to seek redressal/action against the said respondent No. 5. 5. Filing of the petition by the petitioner, by terming the same in public interest, seeking action against private respondent No. 5, cannot be Versus Counsel for Petitioner(s) : Firdos Ahmad, Vinod Kumar Yadav Counsel for Respondent(s) : C.S.C., Rajiv Singh (S.C.), Gaurabh Srivastava for Sharad Sharma Brijesh Kumar Gangwar .....Petitioner(s) State of U.P. and 4 others .....Respondent(s) countenanced. 6. The petition is, therefore, dismissed. September 25, 2025 Mukesh Pal/Sazia WPIL No. 3023 of 2025 2 (Kshitij Shailendra,J.) (Arun Bhansali,CJ.) Digitally signed by :- MUKESH PAL High Court of Judicature at Allahabad