Dismissed¶11

Vinod Kumar v. State of Up and 6 Others

Allahabad HC19 Mar 2025WPIL/584/2025

Case brief

AI extract

What is this about?

PIL dismissed; encroachment; Khasra no. 2216; 16 biswa; 63 sq. meter; Nagar Palika Parishad, Mawana; District Meerut; suit no. 58 of 2020; Civil Judge (Senior Division), Meerut; pendency of civil suit; earlier PIL No. 2488 of 2023 dismissed; rent not recovered; Vinod Kumar; State of UP; neutral citation 2025:AHC:46566-DB; decided 3.4.2025.

What did the court decide?

Since the subject matter of the present PIL, i.e. land occupied by respondent nos. 5 to 7, is pending consideration before the competent civil court, the Court found no reason to entertain the present PIL; this is besides the fact that the previous PIL filed in 2023 already stands dismissed. ¶10

Vinod Kumar vs State of Up and 6 Others — Allahabad HC (2025) — LawSathi Research

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Neutral Citation No. - 2025:AHC:46566-DB

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Chief Justice's Court

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Case :- PUBLIC INTEREST LITIGATION (PIL) No. - 584 of 2025

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Petitioner :- Vinod Kumar Respondent :- State of UP and 6 others Counsel for Petitioner :- Anil Kumar Mishra Counsel for Respondent :- C.S.C.,Manu Saxena, Radhamani Saxena

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Hon'ble Arun Bhansali,Chief Justice Hon'ble Kshitij Shailendra,J.

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This petition has been filed by the petitioner seeking a direction to the respondents to enquire into the matter and take appropriate action against respondent nos. 5 to 7 in relation to their illegal encroachment over Khasra no. 2216 area ad-measuring 16 biswa including 63 sq. meter purchased land of the Nagar Palika Parishad, Mawana, District : Meerut.

¶7

Submission has been made that petitioner had earlier approached this Court by filing Public Interest Litigation No. 2488 of 2023, wherein a statement was made that the rent of the shop in question was being realized by Nagar Palika Parishad based on which, the petition was dismissed, however, now indications have been made that the rent is not being recovered by the Nagar Palika Parishad and therefore, a fresh petition has been filed seeking the same relief as was claimed in the earlier petition.

¶8

Though in the earlier petition a stand was taken by the Nagar Palika Parishad that the rent was being collected by the Parishad, now submission has been made that a civil suit filed by respondent nos. 5 to 7 being suit no. 58 of 2020 is pending consideration before the Civil Judge (Senior Division), Meerut in relation to the

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property in question regarding which a written statement has been filed in the year 2025 by the respondents and that on account of pendency of the said suit between the parties, the relief, as claimed by the petitioner, cannot be granted.

¶10

In the circumstances of the case, wherein the subject matter of the present Public Interest Litigation i.e. land occupied by respondent nos. 5 to 7, a suit is pending consideration before the competent civil court, we do not find any reason to entertain the present Public Interest Litigation which is besides the fact that the previous Public Interest Litigation filed in the year 2023 already stands dismissed by this Court.

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In view thereof, the present petition is dismissed .

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Order Date :- 3.4.2025 Sazia

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(Kshitij Shailendra, J) (Arun Bhansali, CJ)

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Digitally signed by :- SAZIA AQUIL High Court of Judicature at Allahabad

Vinod Kumar v. State of Up and 6 Others

Case brief

What is this about?

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Vinod Kumar v. State of Up and 6 Others

Case brief

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