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2025 DAILYLAW 42022 (ALL)

PRAKASH CHANDRA PATHAK v. STATE OF U.P. AND 9 OTHERS

WPIL/793/2025 · 2025-04-16

Arun Bhansali, Kshitij Shailendra

Public Interest Litigationbody2025

Judgment text

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Neutral Citation No. - 2025:AHC:56501-DB Chief Justice's Court Case :- PUBLIC INTEREST LITIGATION (PIL) No. - 793 of 2025 Petitioner :- Prakash Chandra Pathak Respondent :- State of U.P. and 9 others Counsel for Petitioner :- Rajneesh Kumar Srivastava, Smt. Priyanka Srivastava Counsel for Respondent :- C.S.C., Jagdish Pathak (S.C.) Hon'ble Arun Bhansali, Chief Justice Hon'ble Kshitij Shailendra, J. 1. This writ petition, purportedly in public interest, has been filed by the petitioner alleging illegal construction over Yamuna Khadar land situated at Village Mauja Jahangirpur Khadar, Tehsil Mant, District Vrindavan Mathura. 2. Allegations have been made that the land in question is being dealt with by respondents no. 7 to 10 without having any title over the same. 3. Along with the petition, a notice sent to the District Magistrate has been annexed along with copies of certain Transfer Deeds executed by respondents no. 7 to 10. 4. A perusal of the record indicates that in the notice, the petitioner has indicated that he himself being interested in purchasing the land in question, approached respondents no. 7 to 10, copies of certain Transfer Deeds were handed over to them to show the tittle/the fact that the land was being transferred by them when, it is claimed, the petitioner became aware of the wrongful act of respondents no. 7 to 10. 5. The plea sought to be raised, appears to be spacious inasmuch as, the notice (Annxure-1) addressed to the District Magistrate is dated 21.03.2025, which has been sent by registered post on 03.04.2025 and the petition has been presented before this Court on 08.04.2025 i.e. without waiting for the notice to be delivered to the District Magistrate and any action having been taken. 6. From the above conduct, it appears that there has been some fallout between the petitioner and respondents no. 7 to 10 based on which the notice was sent on 03.04.2025 and the petition has been presented before this Court purportedly in public interest. 7. Such conduct of the petitioner in filing the petition, apparently with oblique motive, cannot be countenanced. 8. The petition has no substance, the same is therefore, dismissed. Order Date :- 17.4.2025 AHA/Sazia (Kshitij Shailendra, J) (Arun Bhansali, CJ) Digitally signed by :- AFZAL HUSAIN ABBASI High Court of Judicature at Allahabad