Dismissed

Vishal Srivastava v. State of U.P. Thru. Prin. Secy. Housing and Urban Planning Civil Sectt. U.P. Lko. and Others

Allahabad HC30 Jan 2023/66/2023

Case brief

AI extract

What is this about?

Held that the Public Interest Litigation was dismissed as the petitioner failed to disclose his credentials and the public cause he sought to espouse, contrary to the mandatory requirements under Sub-Rule (3-A) of Rule 1 of the Allahabad High Court Rules.

What did the court decide?

Instant Public Interest Litigation dismissed on the ground that the petitioner failed to disclose credentials and the public cause as required by law.

Vishal Srivastava Vs State of U.P. Thru… — Public Procurement and Tenders | Allahabad HC (2023)

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Court No. - 1

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Case :- PUBLIC INTEREST LITIGATION (PIL) No. - 66 of 2023

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Petitioner :- Vishal Srivastava

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Respondent :- State Of U.P. Thru. Prin. Secy. Housing And Urban Planning Civil Sectt. U.P. Lko. And Others Counsel for Petitioner :- Rahul Kumar Shukla,Pradeep Kumar Counsel for Respondent :- C.S.C.,Namit Sharma,Ratnesh Chandra

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Hon'ble Ramesh Sinha,J. Hon'ble Subhash Vidyarthi,J.

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Vakalatnama filed on behalf of respondent no.4 by Shri Shailendra Singh Chauhan, Advocate, is taken on record.

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Heard Shri Rahul Kumar Shukla, learned Counsel for the petitioner, Ms. Anupma Singh, learned Standing Counsel for the respondents no. 1, 2 and 5, Shri Shailendra Singh Chauhan, learned Counsel for the respondent no.4, Shri Ratnesh Chandra, learned Counsel for the respondent no.3 and perused the material brought on record.

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The petitioner, Vishal Srivastava , claiming himself to be a social reformer has filed the instant Public Interest Litigation, stating that private respondent no.6-Sunita Pal has illegally encroached over the public road, public park and construction made over it situated behind Akhara Mohalla Narahi, Hazratganj, District Lucknow and therefore, respondents no. 1 to 5 be directed to remove the aforesaid illegal encroachment made by the respondent no.6.

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Learned Counsel for the respondents have raised a preliminary objection that the petitioner has not disclosed his credential as required under Sub-Rule (3-A) of Rule 1 of the Allahabad High Court Rules, therefore, the instant Public Interest Litigation is

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liable to be dismissed on this ground alone. Moreso, the instant petition styled as a public interest litigation is nothing but it has been filed by the petitioner with vested personal interest and publicity, hence the instant public interest litigation is liable to be dismissed.

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Having examined the submissions advanced by the learned Counsel for the parties and going through the record, it is required to be noted that the Apex Court in State of Uttaranchal v. Balwant Singh Chaufal [(2010) 3 SCC 402] observed that as the process of the Court is frequently abused in the name of Public Interest Litigation, all High Courts need to frame Rules to prevent such abuse. In compliance with the directions of the Supreme Court, the Allahabad High Court Rules were also amended and Sub-Rule (3-A) was added under Chapter XXII Rule 1 w.e.f. 1.5.2010. The aforesaid Rule reads as under :-

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"(3-A) In addition to satisfying the requirements of the other rules in this chapter, the petitioner seeking to file a Public Interest Litigation, should precisely and specifically state, in the affidavit to be sworn by him giving his credentials, the public cause he is seeking to espouse; that he has no personal or private interest in the matter; that there is no authoritative pronouncement by the Supreme Court or High Court on the question raised; and that the result of the litigation will not lead to any undue gain to himself or anyone associated with him, or any undue loss to any person, body of persons or the State."

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A simple reading of the aforesaid Rule reveals that in addition to the other requirements mentioned under the Chapter for filing a writ petition, the person filing the petition in Public Interest should precisely and specifically, apart from other things, state his credentials and the public cause he is seeking to espouse. Therefore, disclosure of credentials and the public purpose sought to be espoused are also essential elements to be stated in initiating proceedings in public interest.

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In the instant writ petition, the petitioner except for mentioning that he is a social reformer, has not stated anything covering any of the above essential requirements. In short, he has not disclosed his credentials. The petitioner, in the absence of any documentary proof to establish his authority or expertise in doing social reformation, does not have the requisite credentials to initiate petition in Public Interest.

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For the facts and circumstances of the case, as narrated above, the instant Public Interest Litigation is, accordingly, dismissed .

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(Subhash Vidyarthi, J.) (Ramesh Sinha, J.)

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Date :- 30.1.2023 Ajit/-

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Digitally signed by :- AJIT KUMAR High Court of Judicature at Allahabad, Lucknow Bench

Vishal Srivastava v. State of U.P. Thru. Prin. Secy. Housing and Urban Planning Civil Sectt. U.P. Lko. and Others

Case brief

What is this about?

What did the court decide?

Vishal Srivastava v. State of U.P. Thru. Prin. Secy. Housing and Urban Planning Civil Sectt. U.P. Lko. and Others

Case brief

What is this about?

What did the court decide?

What the court decided

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