Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:72324-DB Chief Justice's Court Case :- PUBLIC INTEREST LITIGATION (PIL) No. - 1038 of 2025 Petitioner :- Santosh Respondent :- State of U.P. and 5 Others Counsel for Petitioner :- Ashok Kumar Shukla Counsel for Respondent :- C.S.C., Akanksha Sharma (S.C.), Vijay Kumar Dubey Hon'ble Arun Bhansali,Chief Justice Hon'ble Kshitij Shailendra,J.
1. This petition has been filed by the petitioner, who is a member of Nagar Panchayat - Mehndawal, District - Sant Kabir Nagar seeking appropriate action for removal of illegal encroachment made by respondent Nos. 5 and 6.
2. Learned counsel appearing for the Nagar Panchayat made
submissions that while spot memo (Annexure No. 5) indicates encroachment of several persons, petitioner has chosen to take action against respondent Nos. 5 and 6 only. Further submissions have been made that though at the instance of the petitioner, action was taken against respondent Nos. 5 and 6, in Writ - C No. 8990 of 2025, filed by the respondent No. 5, effect and operation of order dated 27.12.2023, passed by the Sub Divisional Magistrate, has been stayed.
3. In view of the above fact situation, wherein respondent Nos. 5 and 6 are agitating their rights qua the respondent - Nagar Panchayat, filing of the petition by the petitioner independent of respondent Nos. 5 and 6 cannot be countenanced, at this stage.
4. Consequently, the petition is dismissed.
Order Date :- 6.5.2025 Mukesh Pal/Jyotsana (Kshitij Shailendra, J) (Arun Bhansali, CJ) Digitally signed by :- MUKESH PAL High Court of Judicature at Allahabad