Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD PUBLIC INTEREST LITIGATION (PIL) No. - 2395 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 petitioner seeking a direction to the respondent authorities to vacate the premises from the private respondents/encroachers from Arazi Nos. 103 and 107 where 80-90 family persons are presently residing in the land.
2. A perusal of the petition indicates that the petitioner has not indicated his credentials anywhere, however, in para 28 of the petition, it has been indicated that the subject matter came to the knowledge of the petitioner while he visited the said premises being activist, social person and Advocate and has decided to raise the alarm qua the subject matter.
3. The petition clearly indicates that the land in question is owned by Vijay Shankar and Purshottam Das. Further, the so-called occupants for which the petitioner is seeking relief, have already filed a suit being Suit No. 771 of 2023 before the Court of Civil Judge (Senior Division), Gorakhpur wherein a status quo order is said to be in currency.
4. Once the property, as claimed by the petitioner, is owned by private persons, persons in possession have already filed suit and have obtained injunction, filing of the petition by the petitioner, who claims himself to be an Advocate also, is gross abuse of the process of public interest litigation. The attempt appears to be somehow gain some foothold over the land in question without there being any right etc. Versus Counsel for Petitioner(s) : Neeraj Srivastava, Rayoof Ali Counsel for Respondent(s) : C.S.C., Jagdish Pathak (S.C.), Sudhir Bharti, H.R. Mishra (Sr. Adv.) with Abhishek Misra Vinay Yadav .....Petitioner(s) State of U.P. and 15 others .....Respondent(s)
5. Such tendency on part of the petitioner, who claims to be an Advocate, cannot be countenanced. The petition is therefore, dismissed. September 1, 2025 AHAAKShukla WPIL No. 2395 of 2025 2 (Kshitij Shailendra, J.) (Arun Bhansali, CJ.) Digitally signed by :- AFZAL HUSAIN ABBASI High Court of Judicature at Allahabad