A PIL petition filed under Act No. 19 regarding land encroachment was dismissed by the High Court as not properly pressed and argued. The petitioner was granted no liberty to file a fresh petition on the same cause of action.
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Court No. - 19
Case :- PUBLIC INTEREST LITIGATION (PIL) No. - 1340 of 2022
Petitioner :- Braham Dev Upadhayay And Another Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- In Person Counsel for Respondent :- C.S.C.
Hon'ble Prakash Padia,J.
Heard the petitioner who appeared in person & learned Standing Counsel for respondent Nos.1 to 3.
It is argued by learned counsel for the petitioner that the land being Plot Nos.245 area 0.0250 hectare and Gata No.258 area 0.2030 hectare are recorded as Banjer and the same has been encrached by the private respondents in the year 1980.
When the Court inquire to him any proceedings have been initiated by him earlier and why he has approached after long time but he failed to explain the same.
When the petitioner is failed to answer the questions, the Court inclined to dismiss the present P.I.L. imposing heavy cost, then the petitioner prays for dismissal of the present petition as not pressed and argued that he would not file any P.I.L. for the same cause of action again.
This prayer has not been opposed by the learned Standing Counsel.
Accordingly, the present petition is dismissed as not pressed without granting liberty to file fresh P.I.L. for the same cause of action.
Order Date :- 2.8.2022 saqlain
Digitally signed by SYED MOHAMMAD SAQLAIN HAIDER Date: 2022.08.05 11:21:43 IST Reason: Location: High Court of Judicature at Allahabad
Braham Dev Upadhayay
Unsigned Second Petitioner
State Of U.P.
State Of U.P. (3 Others implied)
Prakash Padia
Syed Mohammad Saqlain Haider
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
