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HIGH COURT OF JUDICATURE AT ALLAHABAD PUBLIC INTEREST LITIGATION (PIL) No. - 3093 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 an inquiry and recovery of embezzled amount in construction of house under the scheme of Pradhan Mantri Awas Yojna and Lohiya Awas Yojna in Gram Panchayat Gadaipur, Block Sadar, District Ghazipur. 2. On a complaint made by the petitioner through IGRS portal pertaining to non-construction of house under Lohiya Awas Yojna by Smt. Kewla and Pradhan Mantri Awas Yojna by Mithilesh Yadav, it is alleged that a false and fabricated report on the said complaint has been made by the Village Development Officer, therefore an inquiry has been sought. 3. Though allegations have been made against Smt. Kewla and Mithilesh Yadav, they are not impleaded as party respondents to the petition and an impleadment application has been filed by Mithilesh Yadav inter alia questioning the bona fides of the petitioner. 4. Submissions have been made that besides the fact that the allegations made are false, the petitioner is forcibly flowing water in bhumidhari land of Arazi No. 1120 area about 9 biswa and there is a dispute pending under Sections 29/41 of U.P. Land Revenue Act, 1901 pertaining to occupation of Navin Parti land area about 0.021 hectare in Arazi No. 1118, wherein the order dated 26.04.2025 has been passed by the competent authority, setting aside the order passed in favour of mother of the petitioner. Versus Counsel for Petitioner(s) : Jay Prakash Singh Counsel for Respondent(s) : Bhupendra Kumar Tripathi, Rajiv Singh, S.C., Vivek Singh Ravindra Yadav .....Petitioner(s) State of U.P. and 5 others .....Respondent(s)
5. Further allegations have been made that the order was passed by the District Magistrate on 30.09.2022 against the petitioner and his brother for removal of encroachment over Chak Marg No. 1117 and, therefore, the petition filed at the instance of such tainted person cannot be termed as a Public Interest Litigation and the same deserves dismissal. 6.
Learned Standing Counsel also pointed out that though the petitioner has claimed his residence at Village Gadaipur, Block Sadar, Pargana Bahariyabad, Tehsil Jakhaniya, District Ghazipur, the affidavit indicates that he is a resident of District Azamgarh and the driving licence, which has been produced as I.D. card, also indicates his residence at Azamgarh since 26.12.2019 and, therefore, there is no apparent reason for the petitioner to raise the issue as raised in the petition. 7. Having gone through the record of the present petition and the allegations made therein, coupled with the credential of the petitioner as reflected from the impleadment application, we do not find any reason to entertain the present Public Interest Litigation. The same is, therefore, dismissed. October 28, 2025 nd/AKShukla WPIL No. 3093 of 2025 2 (Kshitij Shailendra, J) (Arun Bhansali, CJ) Digitally signed by :- NISITH DEY High Court of Judicature at Allahabad