Court No. - 6
Case :- PUBLIC INTEREST LITIGATION (PIL) No. - 1231 of 2019 Petitioner :- Pritam Singh Respondent :- State Of U.P. And 11 Others Counsel for Petitioner :- Vishal Khandelwal Counsel for Respondent :- C.S.C.
Hon'ble Yashwant Varma,J.
This petition in public interest had been initiated alleging that unauthorised encroachments have been made by the private respondents over the plots in question.
Pursuant to the detailed order passed by a learned Judge of the Court on 28 May 2019, the respondents have filed a counter affidavit which has been taken on record. This affidavit reveals that taking cognizance of the complaint made by the petitioner on 19 June 2018, the District Magistrate had directed the revenue authorities to initiate an appropriate enquiry. Pursuant to that direction, the officials visited the spot and submitted a report. In that report, it was noted that on some parts of the plots in question, the names of private individuals have been recorded and in any case no illegal encroachment or permanent construction was found to exist. The respondents further allege and assert that the petitioner is principally guided by his personal interest since he wants to install a pipeline over the said Khasara Nos. for his field and it is for this purpose that repeated applications are being made. It was further stated that the plots were duly demarcated and a spot inspection memo and a demarcation report prepared on 1 July 2018 on which the petitioner himself as well as other adjoining landholders had appended their signatures.
Curiously there has been a deliberate failure on the part of the petitioner to disclose these details. On another complaint made by the petitioner on 23 March 2019, a fresh inspection was carried out and a report of the Lekhpal obtained. That report has also been placed on record by way of affidavit which again has found that no encroachment exists. It is thus manifest that the process of the Court has been abused and therefore, the PIL has been instituted with malafide intent.
It is consequently dismissed with a further direction that the petitioner shall stand saddled with costs of Rs. 5,000/- which shall be recovered by the District Magistrate as arrears of land revenue forthwith.
Order Date :- 26.9.2019 LA/-