Court No. - 39
Case :- SPECIAL APPEAL No. - 264 of 2018 Appellant :- Rahmanavi Respondent :- State Of U.P. And 8 Others Counsel for Appellant :- Vijay Kumar,Manta Ram Gupta Counsel for Respondent :- C.S.C.,Brijesh Chandra Naik,Dharam Deo Chauhan
Hon'ble Dilip Gupta,J. Hon'ble Jayant Banerji,J.
This Special Appeal has been filed to assail the judgment and order dated 21 February 2018 by which a learned Judge of this Court has dismissed the Public Interest Litigation (PIL) No.2826 of 2018, which was filed by the petitioner with the following prayer :
"Issue a writ order or direction in the nature of mandamus directing the respondents to remove the illegal encroachment over the chak-road of Village Marpauna, Majhriya, Post Office Marpauna, Block Pauli, Tehsil Ghanghata, District Sant Kabir Nagar situated over plot no.76, alongwith connected with Abadi, expeditiously and within stipulated period so fixed by this Hon'ble Court."
The learned Judge relied upon the report submitted on the basis of inspection that there was no illegal encroachment or construction on the Chakmarg.
The record indicates that in response to the Public Interest Litigation a short counter affidavit was filed on behalf of respondent no.4, i.e., the Sub-Divisional Magistrate and in paragraph 6 it was stated that the petitioner with three others had instituted the Original Suit No.688 of 2017 in the Court of Civil Judge (Junior Division) for a similar prayer. The copy of the original plaint has also been enclosed as Annexure-2 to the short counter affidavit. Prayer made in the writ petition and the prayer made in the original suit is similar.
There is no averment in the Special Appeal that the appellant- petitioner and three others have instituted a suit. The appellant- petitioner has, therefore, withheld filing of the suit and necessary information from this Court. The Special Appeal is, therefore, liable to be dismissed with cost.
We, accordingly, dismiss the Special Appeal with cost of Rs.20,000/-, which the appellant-petitioner shall deposit before the Registrar General of the Court within a period of one month from today, failing which the Registrar General shall inform the District Magistrate, Sant Kabir Nagar for recovery of the said amount from the appellant as arrears of land revenue and thereafter remit the amount to the Registrar General of the Court for depositing it in the account of Allahabad High Court Mediation and Conciliation Centre.
Order Date :- 27.3.2018 MAA/-
(Dilip Gupta,J.) (Jayant Banerji,J.)