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2025 DAILYLAW 21389 (ALL)

SHRIKANT YADAV v. STATE OF U.P. AND 4 OTHERS

WPIL/418/2025 · 2025-02-26

Arun Bhansali, Kshitij Shailendra

Public Interest Litigationbody2025

Judgment text

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Neutral Citation No. - 2025:AHC:27962-DB Chief Justice's Court Case :- PUBLIC INTEREST LITIGATION (PIL) No. - 418 of 2025 Petitioner :- Shrikant Yadav Respondent :- State of U.P. and 4 others Counsel for Petitioner :- Manoj Kumar Yadava, R.B. Pal Counsel for Respondent :- Jagdish Pathak (S.C.) Hon'ble Arun Bhansali,Chief Justice Hon'ble Kshitij Shailendra,J. 1. This petition, purportedly in public interest, has been filed seeking a direction to the respondents to remove the illegal encroachment made by respondent no. 5 on road and to decide applications of the petitioner pending before them. 2. It is, inter alia, claimed that petitioner has no personal interest in filing the PIL, he or his family members would not be benefited from the order to be passed by the Court, he is a social worker and as such petition has been filed. 3. It is claimed that Nagar Palika Parishad, Ballia has developed a colony in the name of Chandra Shekhar Nagar Colony, where the petitioner and the respondent no. 5 reside. It is claimed that respondent no. 5 was allotted plots no. 58 and 59 and that a 25 feet wide road is between plots no. 58 and 59, which has been encroached by respondent no. 5. Efforts have been made since the year 2006 seeking removal of the said encroachment, however, the encroachment has not been removed from the road and, therefore, directions in this regard may be issued. 4. A perusal of the record and the averments made in the petition do not indicate as to what extent there is an encroachment over the road. No material by way of sketch or photographs has been produced indicating the alleged encroachment except for the representations containing the allegations pertaining to the encroachment have been produced. Further, the construction in question is standing over 18 years now as the first representation placed on record pertains to the year 2006. For the nature of the petition, which has been filed without sufficient particulars pinpointing the nature of encroachment and the fact that offending construction is standing over 18 years, we do not find that any public interest, as such, is involved in the petition so as to require direction by this Court. 5. Consequently, there is no substance in the petition. The same is, therefore, dismissed. Order Date :- 27.2.2025 P.Sri. (Kshitij Shailendra, J) (Arun Bhansali, CJ) Digitally signed by :- PUNEET SRIVASTAVA High Court of Judicature at Allahabad