LUXMI CHANDRA GUPPTA v. STATE OF U.P. AND 5 OTHERS
WPIL/699/2025 · 2025-05-12
Arun Bhansali, Kshitij Shailendra
Public Interest Litigationbody2025
DailyLaw.ai
[ 2025 DAILYLAW 34703 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 34703 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC:78539-DB Chief Justice's Court Case :- PUBLIC INTEREST LITIGATION (PIL) No. - 699 of 2025 Petitioner :- Luxmi Chandra Guppta Respondent :- State of U.P. and 5 others Counsel for Petitioner :- Balbir Yadav, Neelima Tripathi Counsel for Respondent :- C.S.C., Akanksha Sharma (S.C.), Avadhesh Narayan Dubey, Pawan Kumar Singh 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 respondent-authorities to restrain the illegal construction work of shops in front of the main gate of corridor of Pandeshwar Mahadev Mandir ('the Temple') situated at Pandila Ismilganj, Tehsil Soraon, District Prayagraj. 2. Submissions have been made that the State Government issued a notification for beautification and restoration of the old temples, pursuant to which Regional Tourist Officer started construction of the corridor of the Temple. It is indicated that for construction of the said corridor, several adjoining shops were demolished, which was objected and the issue is pending before the competent Court. The corridor has been constructed along with the main gate, however, the authority was constructing shop in front of the main gate, which would destroy the splendor of the Temple and the main gate would get obstructed. Based on the said allegations, the petition has been filed seeking the relief as noticed hereinbefore. 3. Instructions have been produced by S.D.O., Soraon, Allahabad, inter alia, indicating that earlier Writ-C No. 42366 of 2024 was filed by Shivji Kesarwani with regard to the demolition, which was
taking place for the construction of the corridor wherein, the order was passed by S.D.O. on 25.04.2024 providing that the shops, which have been removed, in lieu thereof, alternative shops would be made available and when the shops were not made available, the petition was filed in which directions were given for doing the needful pursuant to which the shop in question has been given to the said Shivji Kesarwani and construction of the said shop is neither affecting the beautification nor the gate. Further allegations have been made that the petition has been filed by the petitioner, who has got the shop on the southern side of the shop in question and fearing that his business would be affected, the petition has been filed, which is not in public interest. 4.
A query was put to the counsel regarding the fact as to whether the petitioner has a shop around the area in question, to which answer has been given in positive, however, it is claimed that petition has not been filed on account of fear of losing business. 5. We have considered the submissions made. 6. Once the S.D.O. has indicated that under the directions of the Court, the shop in question has been constructed and allotted to the person in occupation and that the filing of the petition is not in public interest, as the location of shop is neither affecting the beauty of the corridor nor the same was obstructing the way in question, we don't find any reason to entertain the present petition purportedly in public interest. Consequently, the petition is dismissed. Order Date :- 13.5.2025 P.Sri. (Kshitij Shailendra, J) (Arun Bhansali, CJ) Digitally signed by :- PUNEET SRIVASTAVA High Court of Judicature at Allahabad