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2025 DAILYLAW 57983 (ALL)

PUSHPENDRA KUMAR v. STATE OF U.P. AND 6 OTHERS

WPIL/1170/2025 · 2025-05-14

Arun Bhansali, Kshitij Shailendra

Public Interest Litigationbody2025

Judgment text

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Neutral Citation No. - 2025:AHC:80183-DB Chief Justice's Court Case :- PUBLIC INTEREST LITIGATION (PIL) No. - 1170 of 2025 Petitioner :- Pushpendra Kumar Respondent :- State of U.P. and 6 others Counsel for Petitioner :- Ramdhan Counsel for Respondent :- Meenakshi Singh (A.C.S.C.), Saurabh Tiwari, Suresh Singh, Vimlesh Kumar Rai 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 removal of the water tank constructed by the Nagar Panchayat Purdilnagar, District Hathras. 2. Submissions have been made that the water tank has been constructed over Gata No. 88, which is recorded as Pashu Marghat and, therefore, the respondents be directed to remove the said water tank. 3. Learned counsel appearing for the Nagar Panchayat, has produced the instructions along with pictures, which show that 90% of the construction of the water tank is over. The construction work started on 08.12.2023 and is likely to be completed by 07.06.2025. 4. The fact that the construction had started in the month of December, 2023, filing of the present petition after one and half year when 90% of the construction of water tank is over, cannot be termed as a public interest litigation. In case the petitioner was genuinely interested in public interest, immediately on the start of construction, he should have taken steps/ approached the court. 5. The relief sought in the present petition at the present stage where 90% of the construction is over, cannot be termed as public interest under any circumstance. The petition is, therefore, dismissed. Order Date :- 15.5.2025 RK/AKShukla (Kshitij Shailendra, J) (Arun Bhansali, CJ) Digitally signed by :- RAJESH KUMAR High Court of Judicature at Allahabad