RAJBHAR EKTA KALYAN SAMITI THRU. IT CHAIRMAN SHRI PAWAN KUMAR RAJBHAR v. STATE OF U.P. THRU. ITS PRIN. SECY. DEPTT. OF HOME LKO. AND 3 OTHERS
WPIL/114/2025 · 2025-02-10
Attau Rahman Masoodi, Subhash Vidyarthi
Public Interest Litigationbody2025
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[ 2025 DAILYLAW 121961 (ALL) · dailylaw.ai ]
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[ 2025 DAILYLAW 121961 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC-LKO:8340-DB Court No. - 1 Case :- PUBLIC INTEREST LITIGATION (PIL) No. - 114 of 2025 Petitioner :- Rajbhar Ekta Kalyan Samiti Thru. It Chairman Shri Pawan Kumar Rajbhar Respondent :- State Of U.P. Thru. Its Prin. Secy. Deptt. Of Home Lko. And 3 Others Counsel for Petitioner :- Gaurav Tripathi,Sridhar Awasthi Counsel for Respondent :- C.S.C. Hon'ble Attau Rahman Masoodi,J. Hon'ble Subhash Vidyarthi,J. Heard learned counsel for the petitioner and Ms. Isha Mittal, learned Additional Chief Standing Counsel appearing for the State-respondents. By means of the present PIL, the petitioner has prayed for the following main reliefs:
"i. To issue a writ, order or direction in the nature of mandamus commanding the opposite parties to remove the word 'Kshtriya' from the name of Srawasti Naresh Sushail Dev Bhar engraved on the foundation stone photograph of which is annexed at ANNEXURE NO.9 installed at Village and Pargana Maseehabad, Tehsil- Bahraich, Chittorajheel Paryatak Sthal statue/idol and add 'Bhar' in place of 'Kshtriya'. ii. To issue a writ, order or direction in the nature of mandamus commanding the opposite parties always use the name Srawasti Naresh Suhail Dev Bhar in any place wherever it is to be used at Village and Pargana Maseehabad, Tehsil- Bahraich, Chittorajheel Paryatak Sthal." It is well settled that writ proceeding inclusive of P.I.L cannot be entertained by this Court to deal with the questions of academic interest alone. The petitioner itself is a caste based organization which has not traced the origin of Maharaja Suhail Deo Rajbhar belonging to Rajbhar community on the basis of any admissible evidence having legal sanctity. The great-men have given birth in all the religions/castes who have been known
for their attainments whether spiritual, bravery, literary or science. History testifies their great deeds for which they are remembered by their name irrespective of caste. Though we respect the sentiments of the present petitioner, yet we cannot embark on an academic question like the one which has been agitated in the present writ petition. Even otherwise, identification on the basis of caste, in our humble consideration, seems to serve no public interest. Since the P.I.L involves question of academic interest alone, we decline to entertain the same, which is hereby dismissed. . [Subhash Vidyarthi, J.] [Attau Rahman Masoodi, J.] Order Date :- 10.2.2025 akhilesh/- Digitally signed by :- AKHILESHWAR KUMAR High Court of Judicature at Allahabad, Lucknow Bench