Chief Justice's Court
Case :- PUBLIC INTEREST LITIGATION (PIL) No. - 1790 of 2019 Petitioner :- Uma Shankar Patwa Respondent :- State Of U.P. And 8 Others Counsel for Petitioner :- Virendra Singh,Vinay Kumar Singh Counsel for Respondent :- C.S.C.,Hari Nath Tripathi,Shyam Mani Shukla,Suresh C. Dwivedi
Hon'ble Govind Mathur,Chief Justice Hon'ble Vivek Varma,J.
This petition for writ said to be in public interest is preferred to have an appropriate writ, order or direction for respondent Agra Development Authority, Agra and District Magistrate, Agra not to allow Hotel Sri Residency in operation at 36/395, Bypass Road, Near Bhagwan Talkies close to National Highway-2, Agra.
As per the petitioner, neither prior permission nor "no objection certificate" has been obtained by the hotel owner from the competent authority to run hotel at the location mentioned above.
The petitioner along with the petition for writ has placed several documents which, as a matter of fact, are either government communications or communications between the government and certain private parties.
On asking, the source to have such documents, learned counsel for the petitioner failed to satisfy the Court. It would be pertinent to notice that the petitioner Sri Uma Shankar Patwa is resident of Lakhimpur Kheri and is residing there only. Lakhimpur Kheri is at the distance of more than 454 kms. via Agra-Lucknow Expressway.
On asking repeatedly, learned counsel appearing on behalf of the petitioner utterly failed to satisfy the Court as to how the petitioner came to know about any wrong taken place in the city of Agra and further, that how a resident of Lakhimpur Kheri is concerned to that ignoring the several public issues relating to the town of Lakhimpur Kheri itself.
Suffice to state that the district of Lakhimpur Kheri shares international border with Nepal and a big part of that is covered by forest including Dudhwa National Park.
We are having serious doubts about bonafides of the petitioner in filing the instant petition for writ.
Learned counsel for the petitioner is agitating the cause relating to public at large by filing the petitions for writ or otherwise. Hence, he is nothing but a public spirited person.
The explanation given by learned counsel is not at all satisfactory. The writ petition hence, is dismissed with cost of Rs.11,000/- that is required to be deposited by the petitioner with the Allahabad High Court Legal Services Committee within a period of one month from today. In the event of failure to deposit the cost within the period prescribed, the Committee shall be at liberty to get the same recovered by adopting the means to recover land revenue.
Order Date :- 27.9.2019 Bhaskar (Vivek Varma, J.) (Govind Mathur, C.J.)