PIL difficult allotment can not be dismissed on grounds of grudge of petitioner towards contrary celebration, observes HC

The Lucknow bench of the Allahabad high court docket refused to brush aside a PIL hard allotment of public utility land to non-public men and women simply due to the fact the petitioner can also have a grudge against the respondent (Contrary party).

The courtroom ordered cancelling the allotment of the gram sabha land for personal use in Hardoi district.

A unmarried decide bench of justice DK Singh on July 5 observed: “It is a trite regulation that if a writ petition filed via someone increases a query of public importance concerning workout of electricity by way of men in authority, then it’s miles the obligation of the court docket to inquire into the problem.”

“The felony fraud performed by means of the public authority for the benefit of personal men and women at the price of the public at large can not be condoned. In the prevailing case, even supposing it’s far believed that the petitioner has some non-public grudge or rating to settle with the other birthday party and his sons, the motive espoused via him in this writ petition is of more public importance,” said the court.

“Therefore, this courtroom in its order dated March 18, 2021, found that looking on the records of the case this court docket may additionally deal with this writ petition as Public Interest Litigation suo motu,” determined the court.

The court docket ordered that illegal occupants of the land in question be evicted inside 15 days in compliance with the order exceeded with the aid of the district Justice of the Peace of Hardoi on June 4, 2021.

The case

Petitioner Sharad Kumar Dwivedi had filed the writ petition in opposition to the illegal allotment of three acre gram sabha land in village Nanakganj Grant, Pargana Gopmau, Tehsil Sadar, Hardoi district, to a private agree with created via Radhey Shyam Agarwal, a retired IAS officer. The then district Justice of the Peace, Hardoi, on January 30, 1987 had made the allotment.

Sanjeev Agarwal, who’s the alternative birthday celebration (respondent in the case), is son of overdue Radhey Shyam Agarwal.

After the loss of life of Radhey Shyam Agarwal the land was bought in favour of his sons through the accept as true with, on which a showroom of cars changed into built.

The petitioner had filed the PIL difficult allotment and subsequent switch of land for business motive and had prayed to preserve an independent inquiry into the problem and sought directives for elimination of unauthorised/unlawful production of showroom of motors over the land.

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