ABDUL HAMEED @ HAMEED v. STATE OF U.P. AND 7 OTHERS
WPIL/2963/2025 · 2025-09-22
Arun Bhansali, Kshitij Shailendra
Public Interest Litigationbody2025
DailyLaw.ai
[ 2025 DAILYLAW 92053 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 92053 (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. - 2963 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 in relation to the alleged encroachment in Gata No. 283, which is claimed to be recorded as Naveen Parti as well as Well situated in Gata No. 282 Kha in Village-Chillupar, Nagar Panchayat Badhalganj, Tehsil-Gola, District-Gorakhpur.
2. Counsel appearing for respondent Nos. 5 to 8 made submissions that the petition is not bona fide inasmuch as the suit filed by the petitioner in 2025 only pertaining to the same subject matter is pending consideration before the Civil Judge (Junior Division), Bansgaon, Gorakhpur.
3. Counsel for the petitioner indicated that the said aspect was not disclosed by the petitioner to him at the time of filing of the petition.
4. In the circumstances of the case, wherein already a suit pertaining to the subject matter is pending consideration before the competent Civil Court, no case for maintaining the PIL is made out, the same is, therefore, dismissed. September 23, 2025 P.Sri./Mukesh Pal Versus Counsel for Petitioner(s) : Anand Kumar, Nilesh Kumar Dubey Counsel for Respondent(s) : C.S.C., Jagdish Pathak (S.C.), Vinay Kumar Singh, Nagendra Nath Mishra (Kshitij Shailendra,J.) (Arun Bhansali,CJ.) Abdul Hameed @ Hameed .....Petitioner(s) State of U.P. and 7 others .....Respondent(s) Digitally signed by :- PUNEET SRIVASTAVA High Court of Judicature at Allahabad