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2025 DAILYLAW 201039 (ALL)

DEVESH OMAR v. STATE OF U.P. AND 4 OTHERS

WPIL/2816/2025 · 2025-10-14

Public Interest Litigationbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

HIGH COURT OF JUDICATURE AT ALLAHABAD PUBLIC INTEREST LITIGATION (PIL) No. - 2816 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 a direction to the respondents to remove the illegal encroachment on the public road going from Shankar Guru crossing and D.A.V. College to P.S. Kotwali Nagar, District Banda. 2. It is inter alia claimed in the petition that the petitioner is a social worker and is having his residence at Chhoti Bazar, Banda, U.P. 3. Submissions have been made that Police Station Kotwali Nagar, Banda is situated in the main market, which can be accessed only by two roads wherein the main road is Shankar Guru crossing and D.A.V. College road, which is encroached by certain flower vendors. 4. Further submissions have been made that on account of the said encroachment, the access to the shops, which are 90% jewellery shops is blocked resulting in various anti social activities. Based on the said submissions, prayer has been made for removing the encroachment. 5. A perusal of the petition indicates that the petitioner claims to have sent the representation on 21.11.2024 to the District Magistrate, S.H.O. and Nagar Palika Parishad, however, surprisingly while the representation is dated 21.11.2024, the postal receipt indicates that it was dispatched on 18.11.2024. 6. Counsel for the petitioner failed to explain the said glaring deficiency. Versus Counsel for Petitioner(s) : Puneet Kumar Counsel for Respondent(s) : Manu Ghildyal, S.C., Sant Ram Sharma Devesh Omar .....Petitioner(s) State of U.P. and 4 others .....Respondent(s) Besides the fact that though the petitioner has claimed himself to be a social worker, in the accompanied affidavit, he has indicated his occupation as farmer. The nature of the grievance as contained in the representation, apparently is of the shopkeepers and the petitioner apparently has been set up for filing the present petition, which nature of petition being devoid of any substance, is dismissed. October 15, 2025 Sandeep/AKShukla WPIL No. 2816 of 2025 2 (Kshitij Shailendra,J.) (Arun Bhansali,CJ.) Digitally signed by :- SANDEEP KUMAR High Court of Judicature at Allahabad