Court No. - 6
Case :- PUBLIC INTEREST LITIGATION (PIL) No. - 2980 of 2018 Petitioner :- Rajaram Chauhan Respondent :- State Of U.P. And Others Counsel for Petitioner :- Sanjay Kr. Srivastava Counsel for Respondent :- Tariq Maqbool Khan
Hon'ble B. Amit Sthalekar,J.
Heard Sri Sanjay Kumar Srivastava, learned counsel for the petitioner and the learned Standing Counsel for the respondents no. 1 to 3.
Sri Tariq Maqbool Khan, learned counsel has accepted notice on behalf of the respondent no. 5.
The petitioner in the writ petition is seeking a direction to the respondents to remove the illegal encroachment made by the respondent no.4 over Khasra No. 856 measuring area 0.0008 hectare situated in Village Mehdapurwa, Post G.I. Estate, Tehsil Sadar, District Deoria which according to him is recorded as Public Land in the revenue record.
In this writ petition, the petitioner is not seeking any relief for himself and the writ petition has been filed in the nature of a Public Interest Litigation by one Rajaram Chauhan who is the petitioner but the affidavit in the petition is sworn by one Bhushan Chauhan who is stated to be the real brother and pairokar of 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."
The learned counsel for the petitioner then prays that he may be permitted to withdraw this writ petition with liberty to file fresh writ petition.
Prayer is allowed.
The writ petition is dismissed as withdrawn with the aforesaid liberty.
Order Date :- 26.2.2018 Kirti