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MANOJ KUMAR GUPTA, KSHITIJ SHAILENDRA
Akbar Abbass Zaidi – Appellant
Versus
State of U. P. – Respondent
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 stipulate
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 espou....
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....
Public Interest Litigations must be filed by individuals with clean hands and bona fide intentions; failure to disclose criminal antecedents can lead to dismissal.
The duty of the counsel to disclose all relevant and material facts, the need for caution and circumspection in filing Public Interest Litigations, and the consequences of deliberate suppression of f....
(1) Public Interest Litigations – What is of crucial significance in a Public Interest Litigation is bona fide of petitioner who files PIL – It is an extremely relevant consideration and must be exam....
Public interest litigants must have clean hands and credible credentials, and the courts must validate claims to prevent frivolous petitions, while retaining the sanctity of public interest litigatio....
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