JAWAHAR RAO AND ANOTHER v. STATE OF U.P. AND 6 OTHERS
WPIL/1202/2025 · 2025-10-07
Arun Bhansali, Kshitij Shailendra
Transfer Petitionbody2025
DailyLaw.ai
[ 2025 DAILYLAW 58036 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 58036 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD PUBLIC INTEREST LITIGATION (PIL) No. - 1202 of 2025 Chief Justice's Court HON'BLE ARUN BHANSALI, CHIEF JUSTICE HON'BLE KSHITIJ SHAILENDRA, J.
1. This petition, purportedly in public interest, has been filed by the petitioners seeking a direction to the respondents to remove the illegal encroachment of respondent No. 7 over the road situated at Narainpur Road near Pakka Bridge in the Village-Narainpur, Aurai, Tehsil- Rudrapur, District-Deoria.
2. Submissions have been made that despite the fact that the respondents have found respondent No. 7 in encroachment over the footpath and the requisite survey is already over, encroachment of the said respondent No. 7 has not been removed so far and therefore, the respondents be directed to remove the encroachment of respondent No. 7.
3. A perusal of the record indicates that in the report dated 06.03.2023, it has been specifically observed by the Authorities that besides the respondent No. 7, several other villagers were in encroachment over the footpath on both the sides of the PWD Road, wherein they have opened shops and requirement of survey was indicated. Though the petition, purportedly has been filed in the public interest, the tenor of grievance made in the several representations made by the petitioners, apparently indicates that the same essentially is directed against respondent No. 7 for the reasons best known to the petitioner.
4. Once the report indicates encroachment by several other villagers as Versus Counsel for Petitioner(s) : Dhananjay Kumar Pandey, Ravi Kumar Srivastava Counsel for Respondent(s) : C.S.C., Meenakshi Singh (A.C.S.C.), Sudhir Bharti Jawahar Rao and another .....Petitioner(s) State of U.P. and 6 others .....Respondent(s)
well, the targeting by the petitioners of respondent No. 7 only in all the representations made by them, clearly reflects some personal grudge against respondent No. 7 else petitioners would have sought action against all the encroachments.
5. In that view of the matter, we do not find the present petition as bona fide, the same is, therefore, dismissed. October 8, 2025 Mukesh Pal/Sazia WPIL No. 1202 of 2025 2 (Kshitij Shailendra,J.) (Arun Bhansali,CJ.) Digitally signed by :- MUKESH PAL High Court of Judicature at Allahabad