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2025 DAILYLAW 25067 (ALL)

BALENDU PRASAD OJHA v. STATE OF U.P. AND 4 OTHERS

WPIL/475/2025 · 2025-03-04

Arun Bhansali, Kshitij Shailendra

Public Interest Litigationbody2025

Judgment text

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Neutral Citation No. - 2025:AHC:31896-DB Chief Justice's Court Case :- PUBLIC INTEREST LITIGATION (PIL) No. - 475 of 2025 Petitioner :- Balendu Prasad Ojha Respondent :- State of U.P. and 4 others Counsel for Petitioner :- Ankit Shukla, Rajeev Ratan Shukla Counsel for Respondent :- Seema Agarwal (S.C.) Hon'ble Arun Bhansali,Chief Justice Hon'ble Kshitij Shailendra,J. 1. This petition, purportedly in public interest, has been filed, inter alia, seeking enquiry against one Sunil Kumar Pandey, Assistant Development Officer (Cooperative), Gorakhpur and further prayer has been made that the investigation should be done after his transfer from the present place of posting. 2. A perusal of the petition indicates that allegations have been made against the said Sunil Kumar Pandey, however, he has not been impleaded as a party to the present petition. The reason indicated by the learned counsel is that he is a private party and, therefore, need not be impleaded. 3. Irrespective of the fact that the party is private, once a relief is being sought and allegations are being made against some one, he needs to be impleaded as party, in absence whereof the petition is bad for non-joinder of the necessary party. 4. Besides the above, the basis for seeking investigation is contained in the representation dated 19.10.2023 (Annexure-1), wherein wholly vague and speculative allegations have been made purportedly based on information made available to the complainant. Seeking investigation based on such a vague and speculative complaint cannot be countenanced. 5. Besides the fact that the petition is bad for non-joinder of the necessary party, even otherwise there is no substance in the petition. The same is, therefore, dismissed. Order Date :- 5.3.2025 P.Sri./Pkb (Kshitij Shailendra, J) (Arun Bhansali, CJ) Digitally signed by :- PUNEET SRIVASTAVA High Court of Judicature at Allahabad