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2025 DAILYLAW 197630 (ALL)

VINAY YADAV v. STATE OF U.P. THRU. PRIN. SECY. DEPTT. REVENUE U.P. LKO. AND 6 OTHERS

WPIL/1102/2025 · 2025-11-15

S Q H Rizvi

Public Interest Litigationbody2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW PUBLIC INTEREST LITIGATION (PIL) No. - 1102 of 2025 Court No. - 20 HON'BLE SYED QAMAR HASAN RIZVI, J. 1. Heard Sri Sudhir Kumar Pandey, learned counsel for the petitioner; Sri Arun Kumar Singh, learned Standing Counsel for the State- opposite party nos.1 to 4 and Sri Mohan Singh, learned counsel for the Gaon Sabha-opposite party no.5. 2. This present PIL has been filed with the following relief:- "(i) To issue a writ of mandamus commanding the Opposite party no. 4 (Tehsilsar, Tehsil Kadipur, District Sultanpur) to take the necessary and prompt action for stopping and removal of the illegal encroachment of the opposite party no. 6 and made over the Public Utility Land i.e. Khasra/Gata No. 243 recorded as Usar in the name of Gaon Sabha situated in Village Panchayat Rampur Jariya, Pargana Aldemau, Tehsil Kadipur, District Sultanpur." 3. At the very outset, learned Standing Counsel appearing on behalf of the State-opposite parties has raised a preliminary objection regarding the maintainability of the present Public Interest Litigation as the petitioner has not disclosed the credentials and other details that are required under Sub-Rule (3-A) of Rule 1 of Chapter XXII of the Allahabad High Court Rules (Rules of the Court) 1952, which has been amended in the light of judgment passed by the Hon'ble Supreme Court in the case of State of Uttranchal versus Balwant Singh Chaufal & others reported in 2010 AIR SCW 1029. Versus Counsel for Petitioner(s) : Sudhir Kumar Pandey Counsel for Respondent(s) : C.S.C., Mohan Singh Vinay Yadav .....Petitioner(s) State Of U.P. Thru. Prin. Secy. Deptt. Revenue U.P. Lko. And 6 Others .....Respondent(s) 4. The learned Standing counsel in support of his contention relied upon the judgment passed by this Court in the case of Bhoopendra Singh Versus State of Uttar Pradesh and others reported in 2023(9) ADJ 685. 5. After arguing the matter at some length, learned counsel for the petitioner submitted that he does not want to press this petition and prayed that the same may be dismissed as withdrawn. 6. The prayer so made by learned counsel for the petitioner is allowed. 7. Accordingly, this petition is consigned to the record. November 15, 2025 Arun WPIL No. 1102 of 2025 2 (Syed Qamar Hasan Rizvi,J.) Digitally signed by :- ARUN KUMAR High Court of Judicature at Allahabad, Lucknow Bench