Court No. - 55
Case :- PUBLIC INTEREST LITIGATION (PIL) No. - 1457 of 2019 Petitioner :- Om Prakash Khemka Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Madan Ji Pandey,Dharmendra Nath Mishra Counsel for Respondent :- C.S.C.
Hon'ble Vikram Nath,J. Hon'ble Pankaj Bhatia,J.
Heard Sri Sudhansu Pandey, Advocate holding brief of Sri Madan Ji Pandey, learned counsel for the petitioner, Sri Ashish Kumar, learned Standing Counsel for the State-respondents and Sri Sushil Chandra Srivastava, learned counsel representing the respondent no. 5, Nagar Panchayat, Saiyadraja, District Chandauli.
The grievance of the petitioner in this public interest litigation is that the Nagar Panchayat is hand in glove with one local Ram Leela Committee in usurping the land of the Public Works Department. It is also the case of the petitioner that without obtaining any 'No Objection Certificate' of the Nagar Panchayat, the construction is being raised by the said Ram Leela Committee.
Sri Sushil Kumar Srivastava, learned counsel for the Nagar Panchayat states that this assertion is incorrect in the petition and the fact is that 'No Objection Certificate' has been given for raising the constructions. He further submits that there is already a civil suit of 2013, which is pending before the Civil Judge, Senior Division, Chandauli with respect to the same issue as to whether or not the construction should be raised or not, in which the members of Ram Leela Committee have also been impleaded as defendants. A copy of the order passed in the said civil suit has been filed as Annexure-9 to the petition.
In view of the above, we are not inclined to entertain this petition as a public interest litigation and leave it open to the petitioner to pursue the remedy already availed by him.
The petition is, accordingly, dismissed.
Order Date :- 26.7.2019 SR [Pankaj Bhatia, J.] [Vikram Nath, J.]