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2025 DAILYLAW 191498 (ALL)

HARI PRATAP YADAV v. STATE OF U.P. AND 3 OTHERS

WPIL/3184/2025 · 2025-10-13

Public Interest Litigationbody2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD PUBLIC INTEREST LITIGATION (PIL) No. - 3184 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 for quashing of the e-tender notice dated 13.06.2025 in regard to Gata No. 407-M, Khand No. 1, area admeasuring 2.22 hectare, situated in Village Ginj, Tehsil Bara, District Prayagraj and further directing the authorities not to permit any mining and blasting activities for sand stone Quartzite Ballast Gitti in the environmentally eco-sensitive area and within the radius of the residential area. 2. A perusal of the petition indicates that petitioner has claimed himself to be a social activist and is doing social service for better life of village persons seriously and that he is presently working as a clerk in a multinational company in Delhi for his livelihood. The petitioner had earlier approached this Court by filing Writ-C No. 32711 of 2025 which came to be dismissed as not pressed on 17.09.2025 by giving liberty as the petitioner wished to prefer a PIL. 3. It appears that after the petition was dismissed on 17.09.2025, a representation dated 02.09.2025, tagged with the present petition, said to have been sent to the respondents without any receipt and/or postal receipt in this regard and which does not bear the signatures of the petitioner, has been filed. 4. Besides the above, the petition has been filed along with the affidavit of the pairokar of the petitioner who has claimed the facts alleged in the petition as true to his personal knowledge. Versus Counsel for Petitioner(s) : Birendra Singh, Swati Singh Counsel for Respondent(s) : Manu Ghildyal (S.C.) Hari Pratap Yadav .....Petitioner(s) State of U.P. and 3 others .....Respondent(s) 5. The filing of a PIL, of the present nature where the petitioner, though claims to be a permanent resident of Village Umarpur, Belwa, Allahabad but presently working as Clerk in multinational company in Delhi, in relation to a proposed e-auction, with an affidavit of the pairokar, essentially belies the claim made by the petitioner as the petition being purportedly in public interest. 6. The submissions made, at the instance of the petitioner cannot be countenanced, as in case the petitioner has a genuine public interest, despite being presently residing in Delhi, at least the affidavit to the petition could have been filed by the petitioner himself. 7. In that view of the matter, we do not find any reason to entertain the present PIL at the instance of the petitioner, the same is therefore, dismissed. October 14, 2025 AHA/Sazia WPIL No. 3184 of 2025 2 (Kshitij Shailendra, J) (Arun Bhansali, CJ) Digitally signed by :- AFZAL HUSAIN ABBASI High Court of Judicature at Allahabad