Court No. - 6
Case :- PUBLIC INTEREST LITIGATION (PIL) No. - 2951 of 2018 Petitioner :- Mamta Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Alok Krishan Tripathi Counsel for Respondent :- C.S.C.,Ashish Kumar Srivastava Hon'ble B. Amit Sthalekar,J.
Heard Sri Alok Krishan Tripathi, learned counsel for the petitioner, Sri Ashish Kumar Srivastava, learned counsel for the respondent no. 4 and learned standing counsel for the respondent nos. 1 to 3.
This writ petition has been filed in the nature of P.I.L. for removing illegal encroachment on certain plots but the affidavit in the writ petition has been filed by one Prakash Bihari, who is not the petitioner. This is not permissible in view of the provisions of Chapter XXII Rule 1 (3-A) of the Allahabad High Court Rules, 1952 (hereinafter referred to as the Rules, 1952). Chapter XXII Rule 1 (3-A) of the Rules, 1952 in clear terms provides that 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.
Chapter XXII Rule 1 (3-A) of the Rules, 1952 reads as under:
"(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 this view of the matter, since the affidavit in the petition has been sworn not by the petitioner but by one Prakash Bihari, this petition claiming to be in the nature of PIL is not maintainable and is accordingly dismissed with liberty to the petitioner to file a fresh writ petition.
Order Date :- 22.2.2018 S.K.