Judgments
Judgments
  1. Home
  2. /
  3. High Court Of Judicature at Allahabad
  4. /
  5. 2021
  6. /
  7. January

Brij Narayan Singh vs State Of U.P. Through Principal ...

High Court Of Judicature at Allahabad|22 February, 2021

JUDGMENT / ORDER

Hon'ble Shamim Ahmed,J.
Order on Review Application No. 02 of 2020 Heard learned counsel for the applicant/petitioner and learned Standing Counsel on the Review Application No. 02 of 2020.
This review application has been filed for review of the order dated 27.08.2020. The main ground for filing the present review application is that applicant/petitioner has complied with the provision of Sub-Rule (3-A) of Rule 1 of Chapter XXII of the Allahabad High Court Rules, 1952 and in this regard, averments have been made in paragraph no.5 of the writ petition.
In paragraph no.5 of the writ petition, petitioner has stated:-
"That the petitioner is resident of Village Morwan, Block Ramkola, Tehsil Kaptanganj, District Kushinagar and a social worker. The petitioner is Chairman of Kisan Seva Sahkari Samiti, Morwan, Block Ramkola, District Kushinagar. He has been member of Block Development Committee Block Ramkola, District Kushinagar. He raises public issues before authorities for redressal. He has no personal interest or any ill-will with any one while raising issues of public importance.
Order dated 27.08.2020 passed by this Court, is reproduced below:-
"This public interest litigation has been filed, interalia for the following relief:
"(i) Issue a writ, order or direction in the nature of mandamus commanding the respondents to ascertain actual population of Schedule Tribes in District Kushinagar for taking into account in determining of reservation in favour of Schedule Tribes Community in three tire Panchayats Election."
Heard learned counsel for the petitioner, Ms. Meenakshi Singh, learned Standing Counsel appearing on behalf of the State and perused the material available on record.
Learned Standing Counsel has produced the copy of instructions so received by District Panchayat Raj Officer, Kushinagar wherein it has been stated that the population of Schedule Tribes in the District Kushinagar is 76963 as per Census of 2011.
From the perusal of the record, it transpires that the petitioner has not complied with the provisions of sub-rule 3-A of Rule 1 of Chapter XXII of the Allahabad High Court Rules, 1952 wherein it has been provided as follows:
"[(3-A) In addition to satisfying the requirements of the other rules in this chapter, the petitioner seeking to file a Public Interest Litigation, should precisely and specifically state, in the affidavit to be sworn by him giving his credentials, the public cause he is seeking to espouse; that he has no personal or private interest in the matter; that there is no authoritative pronouncement by the Supreme Court or High Court on the question raised; and that the result of the Litigation will not lead to any undue gain to himself or anyone associated with him, or any undue loss to any person, body of persons or the State."
In view of the above, we do not see any justification to interfere in the matter.
The public interest litigation is, accordingly, dismissed".
From the perusal of the aforequoted paragraph no.5 of the writ petition goes to show that it does not contain necessary averments so as to comply with the Sub-Rule (3-A) of Rule 1 of Chapter XXII of the Allahabad High Court Rules, 1952. Thus, we do not find any good reason for review of the order dated 27.08.2020.
In view of the aforesaid, review application is rejected.
Order Date :- 22.2.2021 T.S.
Disclaimer: Above Judgment displayed here are taken straight from the court; Vakilsearch has no ownership interest in, reservation over, or other connection to them.
Title

Brij Narayan Singh vs State Of U.P. Through Principal ...

Court

High Court Of Judicature at Allahabad

JudgmentDate
22 February, 2021
Judges
  • Surya Prakash Kesarwani
  • Shamim Ahmed