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2021 Supreme(All) 1121

RAJESH BINDAL, JASPREET SINGH
People Action Justice For All Foundation through Vice President – Appellant
Versus
State of U. P. – Respondent


Advocates:
Advocate Appeared:
For the Appellant :Mr. Bajrang Bahadur Singh, Advocate
For the Respondent:Mr. Q.H. Rizvi, Standing Counsel, Mr. Rajendra Kumar Dwivedi, Advocate

ORDER :

RAJESH BINDAL, CJ.

1. The present writ petition has been filed alleging that the respondent no.7 has raised illegal construction by encroaching the Government land and the same be directed to be removed.

2. Learned counsel for the official respondents submitted that the present writ petition deserves to be dismissed on the ground of concealment of material facts.

3. The petitioner had earlier filed a Writ Petition bearing Misc. Bench No. 21352 of 2019 through its Secretary raising the issue that respondents no. 7 therein has been wrongly granted recognition 2 P.I.L. CIVIL No. - 26081 of 2020

for running the school by producing documents showing it to be the owner of the land, though it was not the owner, however, the aforesaid writ petition was withdrawn with liberty to the petitioner to pursue other remedy available for the aforesaid purpose in law.

4. The learned counsel for the petitioner further argued that the present writ petition has been filed through Vice President concealing the factum of filing the earlier petition, though, the property in question and the school are same.

5. The learned counsel for the petitioner sought to explain the position stating that issues sough

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