Court No. - 29
Case :- PUBLIC INTEREST LITIGATION (PIL) No. - 1123 of 2021 Petitioner :- Atval Singh Yadav Respondent :- State Of U.P. And 6 Others Counsel for Petitioner :- Babu Lal Ram,Minakshi Counsel for Respondent :- C.S.C.
Hon'ble Munishwar Nath Bhandari,Acting Chief Justice Hon'ble Subhash Chandra Sharma,J.
Heard learned counsel for the petitioner and Sri Ajay Prakash Paul, learned State Law officer on behalf of the respondent.
The public interest litigation has been filed alleging unauthorized occupation of a well by respondent no.7. A reference of the report at the Annexure No.1 has been given to substantiate the facts.
A perusal of the record shows possession of the land 17 to 18 years back.
The learned counsel for the petitioner could not clarify as to why the public interest litigation has been filed after 17 to 18 years of possession by respondent no.7. The writ petition is seriously hit by laches and it cannot be to settle the score with respondent no.7 after lapse of 17 to 18 years of possession. It seems to be a private interest litigation than a public interest litigation. Accordingly the writ petition is dismissed. It would, however, not close the right of the parties to pursue other remedy, if available to them.
Order Date :- 28.7.2021 Ashok Gupta (Subhash Chandra Sharma, J.) (Munishwar Nath Bhandari, ACJ.)