Ajay Kumar Upadhyay v. State of Up and 5 Others
Case brief
What is this about?
Keywords: PIL; encroachment; Rasta land; public pathway; Khasra No. 642/0.0280; Plot No.642/0.0280 hectare; village Saidanpur; Pargana Haveli; Tehsil Sadar; District Jaunpur; repeat petition on adjudicated issue; prior writ petitions (Writ-C No.60001 of 2011; PIL No. 2152 of 2022); counter affidavit; spot inspection; revenue record; no encroachment; dismissal. Bench: Arun Bhansali, Chief Justice and Vikas Budhwar, Judge; decided 22.1.2025. Relevance: illustrates refusal of PIL jurisdiction where an identical grievance has already been adjudicated in earlier writ petitions and the State denies any subsisting encroachment.
What did the court decide?
Since the issue of encroachment on the land in question has already been adjudicated in two previously filed writ petitions, and the respondents have taken a categorical stand that there is no encroachment on the land, no case arises for passing any order in exercise of the jurisdiction pertaining to PIL.