Court No. - 6
Case :- PUBLIC INTEREST LITIGATION (PIL) No. - 2440 of 2019 Petitioner :- Lala Ram Respondent :- State Of U.P. And 7 Others Counsel for Petitioner :- Azhar Hussain Counsel for Respondent :- C.S.C.,Amresh Singh
Hon'ble Anjani Kumar Mishra,J.
Heard learned counsel for the petitioner and Shri Amresh Singh for the Gaon Sabha, respondent no. 7 as also learned Standing Counsel for the State- respondents.
The writ petition has been filed seeking the following relief:-
"(I) Issue a writ, order or direction in the nature of mandamus commanding the respondents to prevent the Village Pradhan and Mohd. Umar from cutting of Eucalyptus trees standing in the territory of Gram Sabha, Village Firozpur, Tehsil Mirganj, District Bareilly."
The relief aforesaid had been claimed relying upon the judgment of this Court in Writ - C No. 13246 of 2019 decided vide order dated 07.05.2019, wherein a direction had been issued that the eucalyptus trees would be auctioned only after they had been properly valued.
The contention of learned counsel for the petitioner is that no revaluation or fresh valuation of the trees has been made and the petitioner apprehends that they might be an auction without complaining that the directions contained in the order dated 07.05.2019.
Learned counsel for the petitioner is not aware as to whether the trees in question have been ordered to be put up for auction, afresh.
Under the circumstances, no relief is liable to be granted to the petitioner. A cause of action, if at all, may arise in case, a fresh auction is held without complying the directions contained in the order dated 07.05.2019. The petitioner will then have the remedy of approaching the contempt court.
However, since it is not established that any fresh auction is proposed to be held, no direction is liable to be issued by this Court, as the petition has been filed on a mere apprehension.
Subject to the above, this petition stands disposed of.
Order Date :- 19.12.2019 Mayank