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2025 DAILYLAW 177429 (ALL)

PUNEET KUMAR UPADHYAY AND 5 OTHERS v. STATE OF U.P. THRU. ADDL. CHIEF SECY. REVENUE DEPTT. LKO. AND 6 OTHERS

WPIL/1191/2025 · 2025-11-25

Jaspreet Singh

Public Interest Litigationbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW PUBLIC INTEREST LITIGATION (PIL) No. - 1191 of 2025 Court No. - 6 HON'BLE JASPREET SINGH, J. 1. Heard learned counsel for the petitioners. Notice on behalf of the respondents no.1 to 6 has been accepted by the office of the Chief Standing Counsel. Shri Mohan Singh, learned counsel has accepted notice on behalf of the respondent no.7. 2. The petitioners hav e filed the instant petition in the nature of a PIL assailing the order dated 23.08.2024 passed by the Gaon Sabha Mahawan Khajurahat, Block & Tehsil Bikapur, District Ayodhya whereby it was resolved to construct new building for Panchayat Bhawan on Plot No.263, situate in the aforesaid village. 3. Submission of the learned counsel for the petitioners is that the land upon which the Panchayat Bhawan is being constructed was earlier resolved and earmarked for the purposes of a stadium. It is not open for the Gaon Sabha to raise construction over Plot No.263. 4. It is further stated that the aforesaid fact can be seen from report submitted by the Sub Divisional Magistrate, Bikarpur, District Ayodhya addressed to the District Panchayat Raj Officer dated 06.08.2025. 5. It has further been submitted that the consolidation operations are already going on in the village. It is further urged that by a communication dated 06.06.2025 report had been called for Versus Counsel for Petitioner(s) : Awnish Kumar, Nishant Kumar Shukla Counsel for Respondent(s) : C.S.C., Mohan Singh Puneet Kumar Upadhyay And 5 Others .....Petitioner(s) State Of U.P. Thru. Addl. Chief Secy. Revenue Deptt. Lko. And 6 Others .....Respondent(s) regarding the construction of Panchayat Bhawan on Plot No.569 but ignoring the same the construction is being made on Plot No.263 and it is urged that the petitioners being public spirited citizens have filed the instant petition in public interest seeking to restrain the respondents from raising the building of Panchayat Bhawan on Plot No.263. 6. Having considered the aforesaid submissions and from the perusal of the material on record, this Court finds that in terms of Chapter XXII Rule 3-A, the petitioners are required to disclose their credentials while filing the PIL. From the perusal of the entire petition, it cannot be deciphered as to where the petitioners have disclosed their credentials. The record would also indicate that the petitioners had earlier approached the Court by filing Writ-C No.10938 of 2025 which was dismissed by a Co-ordinate Bench of this Court vide order dated 14.11.2025 on the premise of locus standi as the said petition was filed in the personal capacity of the petitioners and they could not demonstrate as to how they are aggrieved parties. 7. Be that as it may, as already noticed above, the petitioners have failed to disclose their credentials apart from the fact that there is nothing on record to indicate that Plot No.263 was ever given for construction of a stadium. A bald reference has been made to the aforesaid fact in the report submitted by the Sub Divisional Magistrate. However, a specific query was put to the counsel for the petitioners regarding the facts and material that Plot No.263 was actually earmarked for constructing a stadium. Learned counsel for the petitioners except for referring to the said document as noticed above could not point out any material by which the aforesaid fact could be corroborated apart from the fact that whether it was actually given for stadium and acted upon is also not before the Court nor there is any material on record, in this regard. 8. Learned counsel for the petitioners also could not indicate as to how the public interest is being affected in case if new building of Panchayat Bhawan is constructed over Plot No.263. 9. In view of the aforesaid, this Court is of the clear view that the WPIL No. 1191 of 2025 2 petition is absolutely misconceived and, accordingly, dismissed. No order as to costs. November 25, 2025 ank WPIL No. 1191 of 2025 3 (Jaspreet Singh,J.) Digitally signed by :- ALI NEWAZ KHAN High Court of Judicature at Allahabad, Lucknow Bench