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2025 DAILYLAW 88804 (ALL)

MADHUP SHYAM v. STATE OF U.P. AND 4 OTHERS

WPIL/2467/2025 · 2025-09-22

Arun Bhansali, Kshitij Shailendra

Public Interest Litigationbody2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD PUBLIC INTEREST LITIGATION (PIL) No. - 2467 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 alleging that the shop in question is at a distance of 30 meter from temple in question and being in violation of provisions, the same be ordered to be closed down. 2. Instructions have been produced by learned Standing Counsel inter-alia indicating that the temple, which is said to be close to the shop in question, does not fall within the definition of the 'public temple' in terms of the U.P. Number and Location of Excise Shop Rules, 1968, which is required to be registered under the provisions of the Religious Endowments Act, 1863 or the Societies Registration Act, 1860. 3. Further submissions have been made that the shop in question is functioning for over 17 years and that the petitioner is cousin of the owner of the shop and another petition filed by brother of the petitioner being Public Interest Litigation No. 5 of 2021 was dismissed on 18.03.2021 on account of personal interest involved. 4. In view of the overall fact situation, wherein the credentials of the petitioner are apparently doubtful qua the subject matter of the petition, Versus Counsel for Petitioner(s) : Vishal Vishwakarma, Hari Chandra Counsel for Respondent(s) : Seema Agarwal, S.C. Madhup Shyam .....Petitioner(s) State of U.P. and 4 others .....Respondent(s) we do not find any reason to entertain the present petition. 5. The petition is, therefore, dismissed. September 23, 2025 nd WPIL No. 2467 of 2025 2 (Kshitij Shailendra, J) (Arun Bhansali, CJ) Digitally signed by :- NISITH DEY High Court of Judicature at Allahabad