KRISHNA KUMAR @ KRISHNA KUMAR SHUKLA v. STATE OF U.P. THRU. PRIN. SECY. REVENUE DEPTT. LKO. AND 8 OTHERS
/1195/2025 · 2025-12-04
Subhash Vidyarthi
Public Interest Litigationbody2025
DailyLaw.ai
[ 2025 DAILYLAW 187268 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 187268 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW PUBLIC INTEREST LITIGATION (PIL) No. - 1195 of 2025 Court No. - 17 HON'BLE SUBHASH VIDYARTHI, J.
1. Heard Shri Krishna Gopal, learned counsel for the petitioner and Shri Anil Kumar Kushwaha, learned Standing Counsel appearing for the State.
2. By means of the present petition filed in public interest, the petitioner has sought issuance of a direction for removal of alleged encroachment made by the respondent nos.8 & 9 on public land.
3. On the basis of written instruction dated 26.11.2025 duly signed by Sub-Divisional Magistrate, Sirauligauspur, Barabanki, learned Standing Counsel has informed that proceedings for removal of encroachment are already pending at appellate stage, meanwhile, the respondent no.9 has died on 15.07.2025. Thus, the present petition has been filed against a dead person.
4. A copy of the aforesaid instruction is taken on record.
5. While filing of a petition in public interest, the petitioner ought to have made proper inquiry of facts so as to ascertain whether, he is filing the petition against the correct person after stating the complete facts. As the present petition has been filed against a dead person, therefore, this Court declines to admit the same.
6. Accordingly, the present petition stands dismissed. December 4, 2025/V. Sinha Versus Counsel for Petitioner(s) : Krishna Gopal Counsel for Respondent(s) : C.S.C., Mohan Singh (Subhash Vidyarthi,J.) Krishna Kumar @ Krishna Kumar Shukla .....Petitioner(s) State Of U.P. Thru. Prin. Secy. Revenue Deptt. Lko. And 8 Others .....Respondent(s) Digitally signed by :- VAISHALI SINHA High Court of Judicature at Allahabad, Lucknow Bench