RAM SINGH YADAV AND ANOTHER v. STATE OF U.P. AND 6 OTHERS
WPIL/663/2025 · 2025-04-24
J J Munir
Public Interest Litigationbody2025
DailyLaw.ai
[ 2025 DAILYLAW 34767 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 34767 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:63793 Court No. - 49 Case :- PUBLIC INTEREST LITIGATION (PIL) No. - 663 of 2025 Petitioner :- Ram Singh Yadav And Another Respondent :- State Of U.P. And 6 Others Counsel for Petitioner :- Amit Kumar Tiwari Counsel for Respondent :- Azad Rai,C.S.C. Hon'ble J.J. Munir,J. The issue involved in the present P.I.L. is the subject matter of a suit between the Seventh respondent's father Chhote Lal and the Second petitioner Indra Raj Yadav, who is defendant No.2 to the suit. Indra Raj Yadav is now represented by his heirs and LRs since he is no more. In paragraph nos. 5, 6 and 7 of the supplementary affidavit filed today by the petitioner, it is averred:
"5. That during the course of hearing, it came into the knowledge of petitioner no. 1 that the father of respondent no. 7 namely Chhote Lal has filed a suit bearing Suit No. 3338 of 2022 before Civil Judge (J.D.) Court No. 8, Allahabad, where petitioner no. 2 is also the party as defendant no. 2. For kind perusal of this Hon'ble Court petitioner no. 1 is annexing the certified copy of the suit bearing Suit No. 3338 of 2022 before Civil Judge (J.D.) Court No. 8, Allahabad is being filed herewith and marked as Annexure No. S.A.-4 to this affidavit. 6-That it is very important to disclose here that petitioners were not aware from the aforesaid suit, because no notice/summoned has been served upon the petitioners till date, as it is very evident from the complete order sheet itself. The type/certified copy of the complete order sheet of suit bearing Suit No. 3338 of 2022 before Civil Judge (J.D.) Court No. 8, Allahabad is being filed herewith and marked as Annexure No. S.A.5 to this affidavit. 7.
That aforesaid order sheet reflects that no notice/summoned was served upon the petitioners till date and neither petitioners have filed their Vakalatnama in suit bearing Suit No. 338 of 2022 before Civil Judge (J.D.) Court No. 8, Allahabad nor they have filed any reply till date, thus, petitioners were not aware from the aforesaid suit, with respect of Arazi No. 1650, Area 0.1480 hectare, situated at Village Deeha Khan, Pargana-Deeha Uparhar, Tehsil-Karchhana, District-Prayagraj, thus, petitioners had no any intention to mislead to the Hon'ble Court." In view of the fact that the matter is engaging the attention of the Court of competent jurisdiction in a civil suit, there is no occasion for this Court to entertain the present P.I.L. We are satisfied with the petitioner's explanation that he was not aware of the proceedings and did not deliberately mislead the Court. This petition i,s accordingly, dismissed as not maintainable. Order Date :- 25.4.2025 Vijay Digitally signed by :- VIJAY KUMAR SAHU High Court of Judicature at Allahabad