Court No. - 29
Case :- CRIMINAL WRIT-PUBLIC INTEREST LITIGATION No. - 5 of 2021 Petitioner :- Sweety Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Dharmendra Singh,Shyam Kumar Yadav Counsel for Respondent :- G.A.
Hon'ble Munishwar Nath Bhandari,Acting Chief Justice Hon'ble Jayant Banerji,J.
The writ petition has been file to seek a direction for a decision on the representation dated 28.12.2020 submitted by the petitioner in reference to Section 14(1) of Uttar Pradesh Gangsters and Anti Social Activities (Prevention) Act, 1986 (hereinafter referred to as “Act, 1986”).
On 16.03.2021, this Court asked the petitioner to find out whether an appeal has been preferred against the order dated 30.08.2010 passed by the District Magistrate, Gorakhpur or the order has attained finality. Learned counsel for the petitioner is unable to make a statement on it despite expiry of a period of more than four months. It is apart from the fact that public interest litigation cannot be filed for enforcement of an order. It could have been by regular petition or by taking the remedy, as provided under the Act, 1986.
Accordingly, the writ petition is dismissed. However, liberty is given to the petitioner to take course available under the Act, 1986.
Order Date :- 30.7.2021 Shubham .
(Jayant Banerji, J.) (Munishwar Nath Bhandari, A.C.J.)