NARAYANI PRASAD SINGH v. STATE OF U.P. AND 6 OTHERS
WPIL/3026/2025 · 2026-05-04
Arun Kumar
Public Interest Litigationbody2025
DailyLaw.ai
[ 2025 DAILYLAW 2878 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 2878 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD PUBLIC INTEREST LITIGATION (PIL) No. - 3026 of 2025 Court No. - 55 HON'BLE ARUN KUMAR, J.
1. The present petition has been filed seeking following relief:
"Issue a writ, order or direction in the nature of mandamus commanding/directing the Respondents No. 2 to 4 the to take legal steps against encroacher/Respondent No. 7 for removal of the encroachment, nuisance and obstruction over the public utility land bearing Gata No.- 98 Area 0.0420 Hectare (Chakmarg), 99 Area 0.0130 (Nali) and 103 Area 0.0330 (Chakmarg), situated in Village- Bakhani, Pargana-Dehat Amanat, Tehsil- Rajatalab, District- Varanasi and Gata No. 92 Area 0.0340 Hectare (Nali), Gata No. 92Kha Area 0.0080 Hectare (Nali Nalkoop), Gata No. 94 Area 0.0160 Hectare (Chakmarg), Gata No. 96Ka Area 0.0330 Hectare (Nali Nalkoop), Gata No. 96Kha Area 0.0260 Hectare (Nali Nalkoop) and Gata No. 97 Area 0.0530 Hectare (Chakmarg) situated in Village- Misirpur, Pargana- Dehat Amanat, Tehsil Rajatalab, District-Varanasi and to restore the status of the Nali, Nali Nalkoop and Chakmarg in its original nature, within stipulated period as may be fixed by this Hon'ble Court."
2. In pursuance of the direction of this Court, instruction dated 27.10.2025 has been placed before the Court by learned Standing Counsel, which is taken on record. Versus Counsel for Petitioner(s) : Ankur Rai, Sunil Kumar Singh, Vikalp Kumar Rai Counsel for Respondent(s) : Alok Mishra, Bhupendra Kumar Tripathi, C.S.C. Narayani Prasad Singh .....Petitioner(s) State Of U.P. And 6 Others .....Respondent(s)
3. Perusal of the aforesaid instruction shows that during inspection of revenue team held on 17.10.2025, no obstruction or encroachment was found by the respondent no.7 over the plots in question as alleged by the petitioner in the present petition. 4. Sri Anuj Tripathi, holding brief of Sri Alok Mishra, learned counsel for the respondent no.7 states that petitioner has some personal grudge against respondent no.7, as earlier he had filed a writ petition being Writ- A No.14814 of 2025 alleging irregularities against him while working as Professor in which following order was passed on 26.09.2025:
"1.
The instant writ petition has been filed seeking for the following relief:-
"i. Issue a writ, order or direction in the nature of Mandamus commanding the Respondent No. 1, i.e., the Additional Chief Secretary/Principal Secretary, Higher Education, U.P. at Lucknow, to enquire into the irregularities done by the Respondent No. 4 during his working period as the Professor in the aforesaid institution. ii. Issue a writ, order or direction in the nature of Mandamus commanding the Respondent No. 1, i.e., the Additional Chief Secretary/Principal Secretary, Higher Education, U.P. at Lucknow, to decide the representations given by the Petitioner dated 01.07.2025 (Annexure No. 3 to writ petition), expeditiously within a stipulated period as may be fixed by this Hon'ble Court."
2. Learned counsel appearing on behalf of petitioner without entering into the merits of the case made innocuous prayer that he may be permitted to file fresh representation before respondent no.1 and a direction may be issued to him to decide the same in time bound manner. 3. Sri D. K. Verma, learned standing counsel appearing on behalf of State-respondents vehemently opposed the petition on merit, but has not opposed the prayer as made by learned WPIL No. 3026 of 2025 2
counsel appearing on behalf of the petitioner. 4. Heard learned counsel appearing on behalf of the petitioner and Sri D. K. Verma, learned Standing Counsel and perused the contents made in the writ petition. 5. Without entering into merits of the case, I am inclined to allow the innocuous prayer made by learned counsel for the petitioner as no objection made by learned standing counsel. Petitioner is directed to file a fresh representation along with the present writ petition and certified copy of this order before respondent no.1 Principal Secretary, Higher Education, U.P. at Lucknow within 10 days. After receiving the said representation, the respondent no.1 is directed to decide the said representation in accordance with law, expeditiously, preferably within a period of six weeks from the date of receipt of the said representation. 6.
With the aforesaid directions/observations, the present writ petition is disposed of."
5. In view of the aforesaid facts, it is evident that the present PIL is not in public interest but to redress some personal grudge against respondent no.7. 6. As no obstruction or encroachment has been found over the plots in question, no further direction is required to be issued in the present petition. Writ petition being misconceived is, accordingly, dismissed. May 5, 2026 Ashok Kr. WPIL No. 3026 of 2025 3 (Arun Kumar,J.) Digitally signed by :- ASHOK KUMAR High Court of Judicature at Allahabad