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2025 DAILYLAW 136480 (ALL)

BRAHMA DEV MISHRA ALIAS SANJAY MISHRA v. STATE OF U.P. THRU. ITS PRIN. SECY. REVENUE DEPTT. AND 4 OTHERS

WPIL/402/2025 · 2025-04-28

Attau Rahman Masoodi, Om Prakash Shukla

Public Interest Litigationbody2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:24026-DB Court No. - 1 Case :- PUBLIC INTEREST LITIGATION (PIL) No. - 402 of 2025 Petitioner :- Brahma Dev Mishra Alias Sanjay Mishra Respondent :- State Of U.P. Thru. Its Prin. Secy. Revenue Deptt. And 4 Others Counsel for Petitioner :- Shailendra Sagar Tiwari,Amrendra Nath Tripathi Counsel for Respondent :- C.S.C.,Mohan Singh Hon'ble Attau Rahman Masoodi,J. Hon'ble Om Prakash Shukla,J. Heard learned counsel for the parties. There appears to be a resolution passed by the gram sabha on 15.04.2025 against the excavation of the earth from the pond land. As to why such a resolution may not be acted upon, it is for the gram panchyat to decide through a resolution and avail the remedy available under law. The petitioner who is husband of the present gram pradhan has come up in the present public interest litigation espousing the cause of the environment on the basis of such a resolution to which the gram pradhan is a signatory. We leave it open for the gram panchayat to institute appropriate proceedings in accordance with law, however, the public interest litigation at the instance of the husband of the gram pradhan under such circumstances appears to be surreptitious. The writ petition not being maintainable at the instance of the petitioner is accordingly rejected with the liberty as above. (Om Prakash Shukla,J. ) (Attau Rahman Masoodi,J.) Order Date :- 28.4.2025 Shahnaz Digitally signed by :- SHAHNAZ BANO High Court of Judicature at Allahabad, Lucknow Bench