SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
Listen Audio Icon Pause Audio Icon
judgment-img

2021 Supreme(All) 1112

IN THE HIGH COURT OF ALLAHABAD
Ramesh Sinha, Vivek Varma, JJ.
Ajay Singh - Petitioner
Vs.
State Of U.P. Thru.Prin. Secy. Urban Dept. Lko. & Ors. - Respondent
P.I.L. CIVIL No. - 27598 of 2021
Decided On : 26-11-2021

Advocates:
Advocate Appeared:
For the Appellant : Vinod Kumar Singh, Anu Pratap Singh
For the Respondent: C.S.C.,Satish Chandra Kashish

Point of Law : Courts must do justice by promotion of good faith, and prevent law from crafty invasions. Courts must maintain the social balance by interfering where necessary for the sake of justice and refuse to interfere where it is against the social interest and public good.

Headnote:

Uttar Pradesh Zamindari Abolition and Land Reforms Act, 1950 - Section 122-B, 49 (b) and 49 (c) - Juvenile Justice (Care & Protection of Children), Act 2015 - Section 105 - It appears that petitioner, in instant Public Interest Litigation, is claiming that private respondent, in connivance with revenue officials, has unauthorizedly occupied large land of State, which are recorded in old revenue record as State land in name of ‘Registry Aspatal’ and ‘Kanzi House’, hence respondent may be directed to take immediate action to dispossess unauthorized occupant from land in question.

Findings of the court :

In view of aforesaid discussions, not only there is no merit in this petition, but same is also mischievous and has only resulted in wastage of precious Court's time, which could have been better utilized for disposal of the cases for genuine litigant(s).

Result : Petition dismissed

JUDGMENT :

Ramesh Sinha, J.

1. Vakalatnama filed on behalf of respondent no.7 by Shri Hemant Kumar Misra, Advocate, is taken on record.

2. The petitioner, Ajay Singh, in the present Public Interest Litigation seeks following reliefs :-

    "i. Issue a writ, order or direction in the nature of Mandamus commanding the opposite party no.1 to constitute a State Level Committee for conducting a deep enquiry with regard to manipulation, and forgery in revenue records, and nexus of revenue officials with opposite party no.7 resulting into unauthorized occupation of large area of State land over Khasra Plot Nos. 471, 472, 473 and 474 situated in Tehsil Mankapur, District-Gonda which are recorded in the old revenue record as State land in the name of 'Registry Aspatal, and kanzi house'.

ii. Issue a writ, order or direction in the nature of Mandamus commanding the opposite parties 2, 4 and 5 to issue a public notice in widely circulated newspapers notifying therein about land bearing Khasra Plot Nos. 471, 472, 473, 474 and 475 situated at Mankapur Town, Tehsil Mankapur, District-Gonda to be State land/public utility land

iii. Issue a writ, order or direction in the nature of Mandamus commanding the opposite party no. 2 to take immediate action to dispossess unauthorized occupant from the State land as requested by opposite party no. 6 by letter dated 01.08.2019 as contained in Annexure no.5 to this petition."

3. It appears that the petitioner, in the instant Public Interest Litigation, is claiming that private respondent no.7, in connivance with revenue officials, has unauthorizedly occupied large land of the State, bearing Gata Nos. 471, 472, 473 and 474 situate in Tehsil Mankapur, District Gonda, which are recorded in the old revenue record as State land in the name of ‘Registry Aspatal’ and ‘Kanzi House’, hence respondent no.2 may be directed to take immediate action to dispossess unauthorized occupant from the land in question.

4. Learned Counsel for the respondent no.7, on the other hand, submitted that the petitioner is having criminal history as twenty-nine criminal cases in heinous offences have been registered against him. In support of his submission, he has filed a list of pending criminal cases against the petitioner, which are reproduced as under :-

    “(1) Case Crime No. 140 of 2001, under Sections 323, 504, 506 IPC, Police Station Mankapur, District Gonda.

(2) Case Crime No. 112 of 2004, under Section 110 G Cr.P.C., Police Station Mankapur, District Gonda.

(3) Case Crime No. 262 of 2005, under Section 3(1) of the U.P. Goondas Act, Police Station Mankapur, District Gonda.

(4) Case Crime No. 221 of 2005, under Sections 143, 336, 352, 188 IPC, Police Station Mankapur, District Gonda.

(5) Case Crime No. 194 of 2006, under Sections 4/10 of Forest Act, Police Station Mankapur, District Gonda.

(6) Case Crime No. 224 of 2001, under Section 406 IPC, Police Station Mankapur, District Gonda.

(7) Case Crime No. 242 of 2007, under Section 3(1) of the U.P. Goondas Act, Police Station Mankapur, District Gonda.

(8) Case Crime No.208 of 2008, under Section 420 IPC, Sections 4/10 Forest Act and Sections 3/28 of U.P. Transit of Timber and other under Forest Act, Police Station Mankapur, District Gonda.

(9) Case Crime No. 207 of 2008, under Sections 379 and 411 IPC, Sections 4/10 Forest Act, Police Station Mankapur, District Gonda.

(10) Case Crime No. 11 of 2009, under Sections 147, 323, 352 IPC, Police Station Mankapur, District Gonda.

(11) Case Crime No. 53 of 2009, under Sections 395, 447, 506 IPC, Police Station Mankapur, District Gonda.

(12) Case Crime No. 78 of 2009, under Section 110 G Cr.P.C., Police Station Mankapur, District Gonda.

(13) Case Crime No. 221 of 2009, under Sections 4/10 of Forest Act, Police Station Mankapur, District Gonda.

(14) Case Crime No. 542 of 2009, under Sections 4/10 of Forest Act, Police Station Mankapur, District Gonda.

(15) Case Crime No. 192 of 2011, under Sections 4/10 of Forest Act, Police Station Mankapur, District Gonda.

(16) C

              Click Here to Read the rest of this document
              1
              2
              3
              4
              5
              6
              7
              8
              9
              10
              11
              SupremeToday Portrait Ad
              supreme today icon
              logo-black

              An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

              Please visit our Training & Support
              Center or Contact Us for assistance

              qr

              Scan Me!

              India’s Legal research and Law Firm App, Download now!

              For Daily Legal Updates, Join us on :

              whatsapp-icon Back to top