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Neutral Citation No. - 2025:AHC:51648-DB Chief Justice's Court Case :- PUBLIC INTEREST LITIGATION (PIL) No. - 727 of 2025 Petitioner :- Rajneesh Kumar Sharma Respondent :- State of UP and 5 others Counsel for Petitioner :- Vinod Shankar Tripathi Counsel for Respondent :- C.S.C., Meenakshi Singh (A.C.S.C.), Harsh Vardhan Gupta Hon'ble Arun Bhansali,Chief Justice Hon'ble Kshitij Shailendra,J.
1. This writ petition has been filed by the petitioner seeking a direction to the respondents to remove the encroachment of unauthorized occupants - respondent Nos. 5 and 6 from the cremation ground.
2. Submissions have been made that respondent Nos. 5 and 6 are in occupation of cremation ground, which is owned by the Nagar Palika Parishad, Amroha and are charging for permitting cremation at the said place and despite representations made by the petitioner, no steps have been taken for removing the said respondent Nos. 5 and 6 from the cremation ground in question and therefore, the respondents be directed to take action against respondent Nos. 5 and 6.
3. A perusal of the record indicates that a suit filed by the respondent No. 5 in the name of Raja Rampuri Samajik Samiti Gosewa Sadan Shamshan Ghat, seeking injunction against three persons alleging their attempt to interfere with the service being provided by respondent No. 5 at the cremation ground is pending
consideration before the Court of Civil Judge (Senior Division),
Amroha.
4. Once a suit filed by the respondent No. 5 seeking injunction is pending consideration before the competent Civil Court and the petitioner himself was well aware of filing of the said suit, filing of the present PIL, purportedly in public interest, cannot be countenanced. The petitioner has also filed PIL No. 454 of 2025, which was dismissed for non-disclosure of credentials, however, in the present petition also, except for claiming himself to be a social worker, nothing more has been indicated, which does not fulfil the requirement as laid down for establishing credentials in filing the Public Interest Litigation.
5. In that view of the matter, we do not find any reason to entertain the present petition in public interest, the same is, therefore, dismissed.
Order Date :- 9.4.2025 Mukesh Pal/AKShukla (Kshitij Shailendra, J) (Arun Bhansali, CJ) Digitally signed by :- MUKESH PAL High Court of Judicature at Allahabad