IMPORTANT POINT
The main legal point established in the judgment is the importance of genuine public interest litigation, the duty of petitioners to disclose their credentials and the public cause they seek to espouse, and the consequences of filing frivolous petitions.

JUDGMENT :

KSHITIJ SHAILENDRA, J.

1. Short counter affidavit filed by Shri Gaurav Tripathi on behalf of respondent Nos. 7 and 8 is taken on record.

2. Heard learned counsel for the petitioner, Shri Rajiv Gupta, learned Additional Chief Standing Counsel for the State-respondent Nos. 1 to 4 and Shri Gaurav Tripathi for the contesting-respondent Nos. 7 and 8. Shri Irfan Chaudhary has accepted notice on behalf of respondent No. 5-Nagar Palika Parishad.

3. This petition has been filed purportedly in public interest by the petitioner-Akbar Abbass Zaidi against nine respondents, out of whom, respondent Nos. 7, 8 and 9 are private respondents. The prayer made in this petition is that respondent No. 2-District Magistrate, Shamli be directed to remove illegal constructions and unauthorized occupation from the land covered by Khata No. 24, area 2.2940 hectare, situated at Village Kairana Under Hadud, Tehsil Kairana, District Shamli, in view of the report submitted by the respondent-Authorities dated 16.09.2023, terming the property as ‘enemy property’. The petitioner further seeks a direction to the respondent-Authorities to decide the petitioner’s representation dated 02.11.2023 within stipulated period of time.

4. Although, it has not been mentioned in the first relief as to who is in unauthorized occupation of the said property, from the pleadings contained in the writ petition as well as from the representation dated 02.11.2023 and other identical representations annexed to the petition, it is apparently clear that the petitioner has termed the respondent Nos. 7, 8 and 9 as land mafias in unauthorized possession over the aforesaid property.

5. When the matter was taken up, learned counsel for the respondent Nos. 7 and 8, by referring to the short counter affidavit, contended that the present petition is a gross misuse and abuse of the process of law as the same has been filed by concealing various proceedings held between the petitioners and the private respondents. This Court, accordingly, proceeded to consider the record of petition and the short counter affidavit.

6. As per the pleadings contained in the petition, the petitioner claims to be a permanent resident in House No. 24, Mohalla Kalalan, Tehsil Kairana, District Shamli and states his aim to eradicate the evils persistent in the society and irregularities committed by the Authorities. He claims to be a social worker stating that he has no vested interest in the property. It is further stated that the property covered by Khata No. 24 was declared as ‘enemy property’ under the order passed by the Collector, Muzaffarnagar on 27.03.1974 under the provisions of Enemy Property Act, 1968 and is recorded as such in the revenue records. Details of various Khasras covered by Khata No. 24 have been mentioned in paragraph No. 7 of the petition and in paragraph Nos. 7A, 7B, 7C and 7D of the petition, meaning of the words “Public Interest” with reference to certain Authorities and dictionaries has been sought to be explained.

7. The case of the petitioner is that father of respondent Nos. 7, 8 and 9 claimed ownership over the land in dispute but his claim was rejected by the Assistant Collector, First Class, Muzaffarnagar on 09.11.1981, against which, an appeal was filed before the Additional Commissioner, Meeurt, Division, Meerut which was allowed on 15.04.1982 accepting the claim of respondent Nos. 7 to 9 over 1/5th property of land in dispute. It is stated that against order dated 15.04.1982, the father of the said respondents filed Second Appeal No. 201 of 1982 before the Board of Revenue, U.P. Allahabad which remanded the matter to the Competent Authority on 20.04.1999, against which order, Writ (B) No. 21897 of 1997 has been filed before this Court which is pending and, despite that, Bhumafias of the Mohalla concerned have started plotting work over the land and several houses and shops have been constructed thereon, as a result whereof, public at large is suffering but the authorities, de