Petitioner, a self-styled public spirited person, filed this writ petition seeking demolition of an overhanging balcony. Court dismissed the petition for lack of maintainability and directed petitioner to approach appropriate Bench through a PIL.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Court No. - 39
Case :- WRIT - C No. - 9922 of 2019
Petitioner :- Sameer Yadav Respondent :- State Of U.P. And 5 Others Counsel for Petitioner :- Ram Sharan Giri Counsel for Respondent :- C.S.C.
Hon'ble B. Amit Sthalekar,J. Hon'ble Dr. Yogendra Kumar Srivastava,J.
Heard Sri Ram Saran Giri, learned counsel for the petitioner, and the learned Standing Counsel for the respondents.
The petitioner in the writ petition is seeking implementation of the orders dated 30.08.2016 and 16.10.2018 stated to have been passed by the respondent no.3 for demolition of an overhanging balcony claimed to have been constructed by the respondent no.6 illegally and unauthorisedly.
Learned counsel for the petitioner submitted that the balcony constructed by the respondent no.6 is striking against his house which is opposite to the house of the respondent no.6.
There is no such averment in any paragraph of the writ petition nor even in the petitioner's alleged representation filed alongwith the writ petition. In fact in his application dated 04.09.2018 (Annexure-3, page 21 to the writ petition) he mentions that the action is required to be taken in public interest.
When asked what was the interest of the petitioner in the implementation of the orders or in the demolition of the balcony, learned counsel for the petitioner stated that the petitioner is a public spirited well meaning person. If that be the position, then this writ petition is in the nature of a PIL is not maintainable.
This writ petition is, therefore, dismissed with liberty to the petitioner to approach appropriate Bench through a PIL.
Order Date :- 25.3.2019 N Tiwari
1 issue framed by the court
Whether a writ petition initiated by a self-styled public spirited person for demolition of a balcony without demonstrating personal locus STANDI is maintainable.
Sameer Yadav
State Of U.P.
Amit Sthalekar
Yogendra Kumar Srivastava
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
