Allahabad High Court
Indrajeet Singh And 3 Others vs State Of Up And 6 Others on 21 February, 2024
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Neutral Citation No. - 2024:AHC:30160 Court No. - 49 Case :- PUBLIC INTEREST LITIGATION (PIL) No. - 59 of 2024 Petitioner :- Indrajeet Singh And 3 Others Respondent :- State Of Up And 6 Others Counsel for Petitioner :- Garun Pal Singh,Mahesh Sharma Counsel for Respondent :- C.S.C.,Avinash Chandra Srivastava Hon'ble Chandra Kumar Rai,J.
1. Heard Shri Mahesh Sharma, learned counsel for petitioner, Shri Ashutosh Kumar Rai, learned Additional Chief Standing Counsel for State and Shri Avinash Chandra Srivastava, learned counsel for Gaon Sabha.
2. The instant public interest litigation has been filed for the following relief:-
? Issue a writ, order or direction in the nature of mandamus direction respondents not the exchange the Pasture land of Gata No. 278 area 0.178 hectare, Gata No. 134 area 0.154 hectare and Gata No. 2206 m (which are recorded as Pasture Land) situated in Village Barauli, Tehsil Mahawan, District Mathura with Banjar Land in the interest of public as well as in the interest of animals as the Land in question is being used fro the purpose grazing grass by the animals of the area, in the interest of justice.
Issue a writ order or direction in the nature of mandamus directing the respondent no. 3 to decide the representation dated 11.11.2023 filed by petitioner.?
3. Learned counsel for the petitioner submitted that the exchange proceedings cannot be allowed in respect to the public utility land. He submitted that Plot No. 2206 is recorded as Pasture land as such exchange cannot be allowed in respect to the plot which is recorded as pasture land in the revenue record. He submitted that proceedings are pending before the court concerned as such necessary direction be issued that exchange may not take place in respect to the public utility land.
4. Shri Ashutosh Kumar Rai, learned Additional Chief Standing Counsel on the basis of instructions submitted that Plot No. 134 & 278 are recorded as 'Banjar' and Plot No. 2206 is recorded as pasture land. He submitted that proceeding for exchange is pending before the court concerned which will be decided in accordance with law and no interference is required at the instance of the petitioner by way of public interest litigation.
5. I have considered the argument advanced by learned counsel for both the parties and perused the record.
6. There is no dispute about the fact that exchange proceeding is pending before the court concerned.
7. In view of the pendency of the exchange proceeding before court concerned, no interference is required by this Court in exercise of jurisdiction under Article 226 of the Constitution of India by way of public interest litigation.
8. The instant public interest litigation is accordingly dismissed.
Order Date :- 21.2.2024 Sharad/-