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2025 DAILYLAW 95600 (ALL)

ANKIT KUMAR v. STATE OF U.P. AND 3 OTHERS

WPIL/2750/2025 · 2025-09-11

J J Munir

Public Interest Litigationbody2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD PUBLIC INTEREST LITIGATION (PIL) No. - 2750 of 2025 Court No. - 49 HON'BLE J.J. MUNIR, J. 1. Heard Mr. Lavkush Kumar Bhatt, learned Counsel for the petitioner and Ms. Amrita Singh, learned Additional Chief Standing Counsel appearing on behalf of the State. 2. The petitioner has come up with the sole prayer that his representation dated 05.08.2025 before the District Magistrate, Farrukhabad, regarding removal of encroachment in Gaon Sabha land, much of which is claimed to be public utility land, be directed to be decided. There is no prayer for a substantive relief, which the petitioner seeks from this Court. 3. This Court, in exercise of our jurisdiction under Article 226 of the Constitution, is not a recommendatory forum, like a statutory commission, to recommend for favaourable consideration the case of one litigant to the other. The petitioner and the District Magistrate both, after all, are litigants before the Court. Unless the petitioner seeks some substantive relief from this Court, we are of opinion that it is not a sound exercise of our jurisdiction to recommend cases to litigants on the other side of the array to consider the case of the petitioner for the same relief that he ought have applied to this Court. 4. We, therefore, dismiss this petition as not maintainable, with liberty to the petitioner to file a fresh writ petition on the same cause of action for such substantive relief, as advised. 5. The certified copies annexed to the writ petition may be returned to Versus Counsel for Petitioner(s) : Lavkush Kumar Bhatt Counsel for Respondent(s) : C.S.C., Hari Narayan Singh Ankit Kumar .....Petitioner(s) State of U.P. and others .....Respondent(s) the learned Counsel for the petitioner, after retaining a photostat copy of the same on record, duly attested by the learned Counsel. 6. The Registrar (Compliance) is directed to communicate this order to the District Magistrate, Farrukhabad through the learned Chief Judicial Magistrate, Farrukhabad. September 12, 2025 I. Batabyal WPIL No. 2750 of 2025 2 (J.J. Munir,J.) Digitally signed by :- ISHAN BATABYAL High Court of Judicature at Allahabad