Chief Justice's Court
Case :- PUBLIC INTEREST LITIGATION (PIL) No. - 2993 of 2018 Petitioner :- Ram Pratap Yadav Respondent :- State Of U.P. And 7 Others Counsel for Petitioner :- Saurabh Pratap Singh Counsel for Respondent :- C.S.C.,Ashish Kumar (Nagvanshi),Deo Dayal
Hon'ble Dilip B. Bhosale,Chief Justice Hon'ble Suneet Kumar,J.
Heard Sri Saurabh Pratap Singh, learned counsel for the petitioner, Sri Ashish Kumar (Nagvanshi), learned counsel for the private respondents and learned Standing Counsel for the State-respondents.
The instant writ petition filed in public interest is directed against the order dated 4 January 2018 passed by the fourth respondent, District Magistrate, Chandauli, pursuant to an order dated 15 May 2017 passed in a petition bearing Public Interest Litigation (PIL) No. 39394 of 2013.
In the impugned order, it has been noted that gata no. 145 measuring 0.113 hectare situated in Gram Dewada, Pargana Barah, Tehsil Sakaldihha, District Chandauli, is recorded as primary school. On the complaint of the petitioner that the private respondents, who are owner of the adjacent plot bearing plot no. 144, have encroached upon the plot of the primary school, consequently, a team of revenue officers, in the presence of Basic Education Officer and Block Education Officer, demarcated the respective plots of the parties and the school, and upon demarcation it was found that the private respondents have not encroached upon the land in dispute.
Learned Standing Counsel appearing for the State- respondents submits that the petitioner being a complainant would have no locus to maintain the writ petition assailing the impugned order passed on his representation.
On specific query, learned counsel for the petitioner failed to point out any illegality, infirmity or perversity in the impugned order.
The disputed questions of fact cannot be gone into in writ jurisdiction under Article 226 of the Constitution of India.
Having due regard to the facts and circumstances of the case, we decline to interfere with the impugned order.
The writ petition being devoid of merit is, accordingly, dismissed.
Order Date :- 27.2.2018 K.K. Maurya (Suneet Kumar, J) (Dilip B Bhosale, CJ)