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2025 DAILYLAW 17019 (ALL)

RAJENDRA PRASAD CHAUHAN v. STATE OF U.P. AND 6 OTHERS

WPIL/341/2025 · 2025-05-21

J J Munir

Public Interest Litigationbody2025

Judgment text

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Neutral Citation No. - 2025:AHC:87300 Court No. - 49 Case :- PUBLIC INTEREST LITIGATION (PIL) No. - 341 of 2025 Petitioner :- Rajendra Prasad Chauhan Respondent :- State Of U.P. And 6 Others Counsel for Petitioner :- Charan Singh Counsel for Respondent :- C.S.C.,Rameshwar Prasad Shukla Hon'ble J.J. Munir,J. 1. This public interest litigation, is ex facie one brought in order to vindicate private rights. The petitioner in Writ C No.- 4794 of 2025 has come up with a prayer that his application dated 27.12.2024, addressed to the Sub- Divisional Officer, Nizamabad, District- Azamgarh, be directed to be decided. In the said application, the petitioner has come up with a case that he is snakramaniya bhumidhar of gata no. 506 admeasuring 0.101 hectares. 2. The petitioner's further case is that abutting his plot to the western side is land recorded as road (sadak) and to the south as a minor canal. In the application, moved to the Sub-Divisional Officer, subject matter of Writ C No.- 4794 of 2025, it is said that some goons in the village want to get a drain dug across his chak which means gata no. 506. He further says that if the drain is dug in his plot, the already over inundated field suffer a ruin of all crops. 3. The thrust of the petitioner's case, therefore, appears to be that he does not want the construction of any drain in or about his field comprising his chak located in gata no. 506. Truly, that is his case in Writ C No.- 4794 of 2025. 4. Now, in the present Public Interest Litigation, the petitioner has come up with a prayer that respondent nos. 5, 6 and 7 be restrained from constructing a drain in arazi no. 507/0.610 hectares situate in Village- Faizullahpur, that is to say, the petitioner's village. Plot no. 507 has already been acknowledged by the petitioner, in the connected matter through the subject application there made to the Sub-Divisional Officer, to be a plot adjoining his filed in plot no. 506 on the western side and recorded as a road (rasta). 5. In Writ C No.- 4794 of 2025, apparently no effective orders have been passed and time was granted to the learned Standing Counsel to seek instructions on 19.02.2025. Thereafter, there is no order made there. 6. It is, therefore, apparent that the present Public Interest Litigation, seeking to restrain respondent nos. 5 to 7 from constructing or causing to be constructed a drain in plot no. 507, is a camouflage for the same relief with a slight variation which the petitioner seeks in Writ C No.- 4794 of 2025. It is the petitioner's private interest that there should be no drain constructed in his plot no. 506 or the adjoining plot no. 507 because he thinks, may be rightly, that the over inundated area, with the construction of a drain, could lead to the ruin of his crops. There is a minor canal, already passing, close to the fields where the petitioner's land is located. 7. This Public Interest Litigation, therefore, seeking to restrain the construction of a drain in plot no. 507, is not at all one brought in public interest by the petitioner but one in his own interest to save damage to his field located in plot no. 506. Therefore, this Public Interest Litigation cannot be entertained. It is, accordingly, dismissed. 8. Detag Writ C No.- 4794 of 2025 from the present Public Interest Litigation. Order Date :- 22.5.2025 Prashant D. Digitally signed by :- PRASHANT DWIVEDI High Court of Judicature at Allahabad