Chief Justice's Court
Case :- PUBLIC INTEREST LITIGATION (PIL) No. - 1794 of 2020 Petitioner :- Shivakant Chaturvedi Respondent :- State Of U.P. And 5 Others Counsel for Petitioner :- Ashutosh Tripathi,Gaurav Tiwari Counsel for Respondent :- C.S.C.,Devesh Vikram
Hon'ble Govind Mathur,Chief Justice Hon'ble Saurabh Shyam Shamshery,J.
This petition for writ is preferred to have an appropriate writ, order or direction for respondents from raising construction over the PWD Road which is said to be a public utility land.
According to the learned counsel for the petitioner, the respondent, Nagar Panchayat, Rajapur, has initiated a process of sale of a land which is otherwise a part of a road. While opposing the petition for writ, it is submitted on behalf of Nagar Panchayat, Rajapur that the instant one is not a bona fide public interest litigation but a gross abuse of the entire process. It is brought to our notice that the petitioner himself was having encroachment on a land of Nagar Panchayat, Rajapur and to get the land aforesaid free from encroachment, a notice was served upon him on 2nd September, 2000. The encroachment made by the petitioner was subsequently removed. The petitioner, as a matter of fact, in the name of espousing a public interest, is agitating his personal cause.
On going through the entire petition for writ, it is apparent that no reference is given about the notice dated 2nd September, 2020 by the petitioner. The concealment so made clearly indicates that the petitioner is not approaching this Court bonafidely and with clean hands.
The writ petition hence is dismissed with the cost of Rs. 2000/-
that is to be deposited with the District Legal Services Authority, Chitrakoot by the petitioner within a period of two months from today. In the event of failure to deposit the cost within the period aforesaid, the District Legal Services Authority shall be at liberty to recover the same as a due of land revenue.
Order Date :- 7.1.2021 VMA (Saurabh Shyam Shamshery, J.) (Govind Mathur, C.J.)