A public interest litigation seeking directions to initiate an inquiry into alleged embezzlement and illegalities by officials concerning unused PWD road lands and encroachments was dismissed due to vague pleadings and lack of disclosed illegality.
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. - 1
Case :- PUBLIC INTEREST LITIGATION (PIL) No. - 78 of 2023
Petitioner :- Nanke Alias Dhani Ram Respondent :- State Of U.P. Thru. Prin. Secy. Public Works Deptt. Civil Sectt. U.P. Lko. And 7 Others Counsel for Petitioner :- Ram Prasad Dwivedi Counsel for Respondent :- C.S.C.,Pankaj Gupta
Hon'ble Ramesh Sinha,J. Hon'ble Subhash Vidyarthi,J.
Heard Mr. Ram Prasad Dwivedi, learned counsel for the petitioner, Mr. V.P. Nag, learned Standing Counsel for the State and Mr. Pankaj Gupta, learned counsel appearing on behalf of Gaon Sabha.
The instant writ petition has been filed in the nature of public interest litigation for issuance of a direction for initiation of an inquiry in respect of embezzlement and illegalities committed by the officials and authorities of the opposite parties, in not making roads of Public Works Department at its actual place and also leaving the major parts of the same in encroachments of the farmers.
Earlier, the petitioner had filed writ petition P.I.L. No. 399 of 2022, which was dismissed by means of an order dated 16.07.2022 with liberty to file a fresh petition. In this petition also, the petitioner has not disclosed his credentials properly and has merely stated that no private and personal interest of the petitioner is involved in this matter.
A perusal of the writ petition indicates that pleadings are vague and no details of any particular illegality committed by any particular authority has been disclosed in the writ petition.
For the aforesaid reasons, we are of the view that the writ petition lacks merit and the same is, accordingly, dismissed.
(Subhash Vidyarthi,J.) (Ramesh Sinha,J.)
Order Date :- 3.2.2023 Preeti
Digitally signed by :- PREETI GAUTAM High Court of Judicature at Allahabad, Lucknow Bench
1 issue framed by the court
Whether to issue a direction for initiation of an inquiry into embezzlement and illegalities regarding unused or encroached Public Works Department road lands.
Nanke Alias Dhani Ram
State Of U.P.
Ramesh Sinha
Subhash Vidyarthi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
