In a PIL concerning brick kiln shifting, the High Court dismissed the petition for lack of specific grounds, absence of facts establishing petitioner's standing, and no allegation of illegal operation.
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. - 82 of 2023
Petitioner :- Hare Ram Respondent :- State Of U.P. Thru.Prin.Secy. Home And 9 Others
Counsel for Petitioner :- Ashok Kumar Singh Counsel for Respondent :- C.S.C.,Akhilesh Pratap Singh,Ashok Kumar Verma,Dilip Kumar Pandey
Hon'ble Ramesh Sinha,J. Hon'ble Subhash Vidyarthi,J.
Heard Mr. Manish Kumar holding brief of Mr. Ashok Kumar Singh, learned counsel for the petitioner, Mr. V.P. Nag, learned Standing Counsel, Mr. A.K. Advocate who has filed vakalatnama on behalf of opposite party no.6, which is taken on record and Mr. Dilip Kumar Pandey, learned counsel appearing on behalf of opposite party no.7.
The instant petition has been filed purportedly in the nature of public interest seeking issuance of direction for shifting the brick kiln being run by the private opposite parties no.8, 9 and 10.
The petitioner has not pleaded facts so as to establish his credentials and he has stated that he is the villager of Village Sora. The brick kilns are said to be situated in Village Aimapur and even as per the averments made in the petition, the same are in existence since the year 2012. There is no averment made in the writ petition that the brick kilns have been established or are running in illegal manner.
Therefore, we do not find any ground to interfere in the matter. The public interest petition is accordingly dismissed .
(Subhash Vidyarthi, J.) (Ramesh Sinha, J.)
Order Date :- 7.2.2023 Ram.
Digitally signed by :- RAM SINGH High Court of Judicature at Allahabad, Lucknow Bench
1 issue framed by the court
Whether directions should be issued to shift brick kilns operated by private parties infringing petitioner's interests.
Hare 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
