A PIL regarding alleged encroachment from a public way was dismissed as the disputed facts are not suitable for writ jurisdiction. The petitioner is directed to approach the District Magistrate instead.
Petitioner allowed liberty to agitate cause before the District Magistrate; file fresh representation within two weeks.
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Chief Justice's Court
Case :- PUBLIC INTEREST LITIGATION (PIL) No. - 770 of 2020
Petitioner :- Raja Baboo Respondent :- State Of Up And 5 Others Counsel for Petitioner :- Alok Kumar Srivastava Counsel for Respondent :- C.S.C.
Hon'ble Govind Mathur,Chief Justice Hon'ble Samit Gopal,J.
This petition for writ is preferred to invoke public interest litigation jurisdiction for getting an alleged encroachment removed from the public way.
Having considered the facts stated in the petition for writ, we are of the view that the facts disputed cannot be resolved in writ jurisdiction and for that purpose the petitioner is either required to approach the competent authority or to avail appropriate remedy before Civil Court. No interference as such under Article 226 of the Constitution of India is warranted.
The writ petition is disposed of by keeping the petitioner at liberty to agitate his cause before the District Magistrate concerned and if any representation afresh is filed within a period of two weeks from today, the same shall be considered and decided by the District Magistrate in accordance with law.
Order Date :- 5.8.2020 VMA
(Samit Gopal, J.) (Govind Mathur, C.J.)
Digitally signed by JUSTICE Digitally signed by Justice Samit GOVIND MATHUR Gopal Date: 2020.08.06 14:05:40 IST Date: 2020.08.06 14:06:55 IST Reason: Document Owner Reason: Document Owner Location: High Court of Judicature at Location: High Court of Judicature at Allahabad Allahabad
1 issue framed by the court
Whether the disputed facts of alleged encroachment can be resolved in writ jurisdiction.
1 provisions across 1 enactments
Raja Baboo
State Of Up
Govind Mathur
Samit Gopal
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
