Court No. - 29
Case :- PUBLIC INTEREST LITIGATION (PIL) No. - 1591 of 2020 Petitioner :- Munawwar Husain Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Ali Qambar Zaidi,Syed Ahmed Faizan Counsel for Respondent :- C.S.C.
Hon'ble Munishwar Nath Bhandari,Acting Chief Justice Hon'ble Rajendra Kumar-IV,J.
Heard learned counsel for the petitioner and learned Standing Counsel for the State.
By this public interest litigation, a challenge has been made to the order dated 10.02.2020 issued against certain person and not against the petitioner, as stated.
It has been challenged by the petitioner for reason that recovery notice was served on him though he is not the person against whom the recovery is to be initiated. If that is so, petitioner is challenging the service of notice on him though pertains to other person. The challenge aforesaid cannot be made by a public interest litigation because petitioner is pursuing his own individual cause and thereby it is a private interest litigation.
The argument of learned counsel for the petitioner is even recovery would be affected against him despite he is not the person against whom the notice has been issued. The fact aforesaid is hypothetical in nature and otherwise cannot be entertained in the public interest litigation effecting the individual right of the petitioner.
So far as prayer no. 1 is concerned, the State of U.P. has already come out with a legislation for constitution of a body to examine the issue of damages to the property and consequent thereupon to recover the amount from the person who causes damages to the public property, thus, prayer no. 1 has already been satisfied.
So far as the second prayer is concerned, it is not amenable to jurisdiction in public interest litigation rather if petitioner is aggrieved by any action against him, can take recourse to the remedy provided under the law.
With the aforesaid, writ petition is disposed of.
Order Date :- 12.8.2021 Manoj .
(Rajendra Kumar-IV, J.) (Munishwar Nath Bhandari, A.C.J.)