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2025 DAILYLAW 72111 (ALL)

KUNJ BIHARI v. STATE OF U.P. AND 3 OTHERS

WPIL/1732/2025 · 2025-07-10

Arun Bhansali, Kshitij Shailendra

Public Interest Litigationbody2025

Judgment text

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Neutral Citation No. - 2025:AHC:111038-DB Chief Justice's Court Case :- PUBLIC INTEREST LITIGATION (PIL) No. - 1732 of 2025 Petitioner :- Kunj Bihari Respondent :- State of U.P. and 3 others Counsel for Petitioner :- Babu Lal Ram Counsel for Respondent :- C.S.C., Azad Rai, Jagdish Pathak (S.C.) Hon'ble Arun Bhansali, Chief Justice Hon'ble Kshitij Shailendra, J. 1. This petition has been filed by the petitioner seeking direction to the respondents to construct the drainage over Gata Nos. 198, 199 and 171 situated in Village Sangram Patti, Post Dhokari, Saidabad, District Prayagraj. 2. It is inter alia indicated that earlier, Writ-C No. 24545 of 2019 was filed by one Shambhu Pal, which came to be decided on 01.08.2019 when the Sub Divisional Magistrate was directed to look into the matter, pursuant to which order was passed in the year 2019 and indications were made that the drainage cannot be created as the same is required to pass over private land and the owners of private land were not prepared to give the same for the purpose. However, insofar as the land of the petitioner therein was concerned, the level of the land was raised. 3. The present petition has been filed inter alia raising the same grievance now as a public interest litigation. 4. The plea sought to be raised, despite being aware of the earlier difficulty wherein the private persons were not prepared to give their land, without resolution of the said aspect, seeking similar relief, cannot be countenanced. 5. The petition has no substance and the same is therefore, dismissed. Order Date :- 11.7.2025 AHA/Jyotsana (Kshitij Shailendra, J) (Arun Bhansali, CJ) Digitally signed by :- AFZAL HUSAIN ABBASI High Court of Judicature at Allahabad