The court disposed of a PIL alleging illegal encroachment and tree felling by an elected Nagar Panchayat Chairman. The court held the petition un-maintainable as the petitioner's wife had lost the election to the respondent, implying personal motive rather than public interest.
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Court No. - 4
Case :- PUBLIC INTEREST LITIGATION (PIL) No. - 2081 of 2019
Petitioner :- Shiv Narayan And Another Respondent :- State Of U.P. And 8 Others Counsel for Petitioner :- Chandra Prakash Tiwari Counsel for Respondent :- C.S.C.,Sant Ram Sharma
Hon'ble Bala Krishna Narayana,J. Hon'ble Shamim Ahmed,J.
Heard learned counsel for the petitioners, Sri Shiv Sagar Singh holding brief of Sri Sant Ram Sharma counsel for the respondent no.4. and learned Standing Counsel appearing for respondent nos.1 to 3. In view of the order which is being passed today notice need not be issued to respondent nos. 5 to 9.
This PIL has been filed by the petitioners with the following prayer:-
(i) Issue a writ, order or direction in the nature of mandamus commanding and directing to the respondent nos.1 to 3 to dispossess the respondent nos.4 to 9 from illegal encroachment of the land of Galla Mandi (Corn Exchange Market), cutting the green Neem Ka Ped (Margosa Tree about 50 years old) on 25.09.2019 and causing lose to the public properties for personal heavy profit without any fear and misusing power sitting chairman (president) of the Nagar Panchayat Kulpahar, District Mahoba.
(ii) Issue a writ, order or direction in the nature of mandamus directing to the respondent nos.1 to 3 to restrain the respondent nos.5 to 9 for illegal construction over the land of Galla Mandi (Corn Exchange Market).
(iii) Issue a writ, order of direction in the nature of mandamus directing to the respondent nos. 1 to 3 to take appropriate action against the respondent nos. 4 to 9 on the representation of the petitioner dated 03.10.2019 within time bound.
(iv) Issue any writ, order or direction, which this Hon'ble Court may deem fit and consider proper under the circumstances of the case.
(v) Award the cost of the instant petition to the petitioners.
After going through the averments made in the writ petition and the instructions produced before us by learned counsel for the respondent no.4 we find that the wife of the petitioner no.1 had contested the election for the office of Chairman of Nagar Panchayat, Kulpahadh, District Mahoba against the respondent no.5-Bandana Singh and had lost in the contest. This is one circumstance which compels us to draw an inference that it is personal motive and not public interest which has motivated the petitioners to file this writ petition against the respondent no.5 who is the elected Chairman of Nagar Panchayat Kulpahadh, District Mahoba and hence it is not maintainable.
However, the grievance of the petitioners that the respondent no.5 in collusion with respondent no.4 and other respondents had illegally cut a green tree without seeking necessary permission and this fact is borne out from the report of District Forest Officer, Mahoba, copy whereof has been brought on record as Annexure-3 to the writ petition can always be looked into by the concerned District Forest Officer, Mahoba who can initiate appropriate proceedings against the respondent no.5 and it is not for this Court to issue any direction in this regard.
Moreover, from the record it transpires that appropriate proceedings have already been initiated against the respondent no.5 as is evident from the perusal of the document, copy whereof has been brought on record as Annexure no.3 to the writ petition.
The writ petition stands disposed of accordingly.
Order Date :- 13.12.2019 P.S.Parihar
1 issue framed by the court
Whether a PIL filed by a rival candidate for an election mandate is maintainable when the petitioner suffered in the election against the respondent.
Shiv Narayan
State Of U.P.
Bandana Singh
Bala Krishna Narayana
Shamim Ahmed
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
