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CHANDRA KUMAR RAI
Rakesh Kumar Singh – Appellant
Versus
State Of U. P. – Respondent
JUDGMENT :
(Chandra Kumar Rai, J.)
1. Heard Mr. Kailash Singh Yadav & Mr. Mahendra Kumar, learned counsel for the petitioner, Mr. Kamlesh Kumar Tiwari & Mr. Sanjay Kumar Upadhyay, learned counsel for the private respondent no.6 and Mr. Azad Rai, learned counsel for the respondent-Gaon Sabha.
2. Brief facts of the case are that village-Dibui, Gaon Sabha-Pach Patiya, Block-Bhadohi, District-Bhadohi is a small village and total population of the village is about 200. One primary school is also situated in the aforementioned village. Plot no.265 area 0.038 hectare, plot no.76 area 0.193 hectare and plot no.77 area 0.043 hectare situated in the aforementioned village are recorded as Nali-Class 6 -1 category plot in the revenue records. Petitioner along with other villagers of the village filed application before the authorities with the prayer that the villagers of the village be provided passage/ road for ingress and egress in the village in question but authorities have not considered the grievance / prayer of the petitioner hence this public interest litigation for the following reliefs:
Public interest litigation cannot be used to direct construction affecting private property rights without legal basis.
Construction of Road - Running of road between will neither affect the Gochar characteristic of the lands nor will reduce the statutory requirement of such lands in the village - No interference requ....
The main legal point established in the judgment is that the exercise of writ jurisdiction under Article 226 of the Constitution of India should not be used to determine administrative matters, and t....
State actions contrary to established land rights and prior court orders are impermissible.
Public authorities have a duty to initiate infrastructure development when justified, especially in public interest cases.
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