Petitioner challenged construction of a public women's toilet on reserved land via PIL. Court noted the public interest purpose and dismissed the plea for removal, allowing a separate representation for land reservation for Khalihan.
PIL dismissed; petitioner permitted to file representation for land reservation for Khalihan within two weeks.
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Court No. - 18
Case :- PUBLIC INTEREST LITIGATION (PIL) No. - 286 of 2022
Petitioner :- Seetaram Singh Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Arvind Prabodh Dubey Counsel for Respondent :- C.S.C.,Sudhir Bharti
Hon'ble Prakash Padia,J.
Heard learned counsel for the petitioner, learned Standing Counsel for respondent Nos. 1 to 3 and Sri Sudhir Bharti , learned counsel for respondent No.4.
The petitioner has preferred the present Public Interest Litigation (P.I.L.) with the prayer to direct the respondent No.3/Sub Divisional Officer, Maharajganj District Maharajganj to take action with regard to removal of illegal construction over plot no.788 measuring area 0.2060 hectare.
It is stated in paragraph 12 of the petition that the aforesaid land is recorded in the revenue records as Khalihan but wholly illegally the same was used for constructions of toilet.
Aggrieved against the aforesaid, the petitioner submitted a representation before the Revenue Authorities. It is argued that since no action has been taken in the matter, the petitioner has preferred the present petition in the shape of P.I.L.
Learned Standing Counsel placed instructions received from the office of Sub Divisional Officer, Maharajganj District Maharajganj dated 16.01.2022 before the Court, the same is taken on record. It is stated in the instructions that as per the order passed by the State Government from time to time, a decision was taken by the village panchayat in its meeting dated 07.10.2021 to construct the pink toilet for the use of women living in the village. It is further stated that the construction of
toilet is not for personal use and the same is for public interest.
Learned Standing Counsel also placed reliance upon the judgement dated 21.05.2007 passed by Division Bench of this Court in Writ Petition No.16683 of 2007 (Ram Prasad Verma and others Vs. The Collector Maharajganj and others).
Heard learned counsel for the parties and perused the record.
From perusal of the record, it transpires that though the land in question was reserved for Khalihan but for the interest of women living in the village, public toilet has been constructed.
In this view of the matter, Court is of the opinion that no relief could be granted to the petitioner insofar as the reliefs sought in this petition.
Accordingly, the present P.I.L. is dismissed.
At this stage, a prayer has been made by learned counsel for the petitioner that for the welfare the villagers, some land should be reserved for the purpose of Khalihan.
Learned Standing Counsel argued that if the petitioner will file a representation before respondent no.3, the respondent no.3 will consider the matter sympathetically.
In this view of the matter, the petitioner is permitted to move an application ventilating his grievances only in respect of Khalihan before respondent No.3/Sub Divisional Officer, Maharajganj District Maharajganj within a period of two weeks from today. If such a representation is made, the respondent No.3/Sub Divisional Officer, Maharajganj District Maharajganj will look into the matter and decide the same on merits within a period of three months thereafter.
With the aforesaid observations, this P.I.L. is disposed of.
Order Date :- 21.3.2022/saqlain
Digitally signed by SYED MOHAMMAD SAQLAIN HAIDER Date: 2022.03.24 09:50:44 IST Reason: Location: High Court of Judicature at Allahabad
2 issues framed by the court
Whether the petitioner is entitled to directions for removal of illegal construction of a public toilet on reserved Khalihan land.
Whether relief should be granted despite conflicting revenue records and public interest purposes.
Colour shows how this judgement treated each authority
Ram Prasad Verma and others Vs. The Collector Maharajganj and othersReferred¶11
Writ Petition No.16683 of 2007 (Ram Prasad Verma and others Vs. The Collector Maharajganj and others)
1 provisions across 1 enactments
Seetaram Singh
State Of U.P.
Other 1
Other 2
Sub Divisional Officer, Maharajganj
Prakash Padia
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
