Chief Justice's Court

Serial No. 10

HIGH COURT OF JUDICATURE AT ALLAHABAD

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PUBLIC INTEREST LITIGATION (PIL) No. - 1969 of 2022

Kushwaha Mahasabha and another

…........... Petitioners

Through :- Mr. Gulab Chandra, Advocate

v/s

State of U.P. and others

…........... Respondents

Through :- Mr. A.K. Goyal, Additional Chief Standing

Counsel for respondent nos. 1 to 3

Mr. Siddhartha Srivastava, Advocate for

respondent nos. 4 to 6

CORAM :

HON'BLE RAJESH BINDAL, CHIEF JUSTICE

HON'BLE J.J. MUNIR, JUDGE

ORDER

1.

Present petition was filed by the petitioner claiming it to

be in public interest, praying for the following reliefs:-

“i)

Issue a writ, order or direction in the nature

of writ of mandamus commanding to the respondent

District Maqgistrate to proceed to take necessary action

for removing unauthorized constructions and obstructions

raised by the private respondents over the land No. 509,

510, 567, 569, 570, 571 Saidpur Hakins District Bareilly

which has been axquired for carrying out Mini Bye Pass

Road for public convenience within reasonable time, to

meet out the ends of justice.

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WPIL No. 1969 of 2022

ii)

Issue writ order or direction in the nature of

writ of mandamus commanding to the respondent

authorities to get the public money amount of

compensation wrongly received by the respondent

Anupama recovered from her with appropriate interest

and to initiate penal action against her for playing fraud

with the authorities in the interest of justice within

stipulated time fixed by this Hon’ble Court.

iii)

Issue writ order or direction in the nature of

writ of Ad interim mandamus commanding to the

respondent District Magistrate to take appropriate action

on the complaint dated 05.07.2022 preventing

obstructions and encroachment over the public utility

land of Mini Bye Pass Road situated in village Saidpur

Hakins, District Bareilly within reasonable time to secure

the ends of justice.”

2.

Counter affidavit has been filed by the private

respondents in November, 2022, copy thereof was given to the

petitioners' counsel on November 28, 2022, but till date no rejoinder

affidavit has been filed. An adjournment has been sought for filing the

same, which we decline as sufficient time was available with the

petitioners to file rejoinder affidavit specially keeping in view the

pleadings made in the counter affidavit.

3.

In the counter affidavit filed by the private respondents,

copy of the F.I.R. has been annexed, which was lodged by the private

respondent No. 5 against petitioner No. 2 under Sections 419, 420,

467, 468 and 471 I.P.C., P.S. Baradari, District Bareilly. It is further

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WPIL No. 1969 of 2022

pleaded in the counter affidavit that after investigation, charge-sheet

was filed against petitioner no. 2 and the Court concerned has even

taken cognizance and the trial is pending.

4.

As a counter, petitioner No. 2 got one F.I.R. registered

against respondent No. 5 under Sections 195, 195-A and 420 I.P.C.,

P.S. Baradari, District Bareilly in which respondent No. 5 was

arrested, released on bail. In that also the charge-sheet has been filed.

However, in a Criminal Misc. Application No. 31925 of 2022, filed by

respondent No. 5 for quashing of the F.I.R. and further proceedings,

an interim stay has been granted by this Court on October 10, 2022.

The matter is still pending.

5.

It is further pleaded that even wife of respondent No. 5

got one F.I.R. registered against petitioner No. 2 under Sections 147,

148, 149, 452, 307, 323, 504, 506 and 427 I.P.C., P.S. Izzat Nagar,

District Bareilly, in which the charge-sheet has been submitted.

6.

It is further pleaded that another F.I.R. was lodged by

domestic helper of respondent No. 5 against petitioner No. 2 under

Sections 147, 427, 323, 394 and 336 I.P.C., P.S. Izzat Nagar, District

Bareilly, in which investigation is going on.

7.

Thereafter, the petitioner no. 2 filed an application under

Section 156 (3) against re