Allahabad High Court
ABBAS KHANversusSTATE OF U.P. AND 4 OTHERS
- Decided
Holding
A PIL lacking any statutory or regulatory foundation cannot be entertained and must be dismissed.
Summary
The petitioner filed a public interest litigation seeking an order to halt construction of a poultry farm, relying on a July 5, 2025 report by the Chief Veterinary Officer that the farm would cause pollution. The petition did not cite any specific statutory provision, rule, or guideline governing poultry farms, nor did it allege any concrete legal violation. When the court asked the petitioner’s counsel under which law the report was issued, the counsel could not answer. The court observed that the petition lacked any legal basis and therefore could not be entertained. Consequently, the court dismissed the PIL as being without merit.
Issues considered
- What legal basis, if any, exists for the petitioner to seek a court order to stop the construction of the poultry farm?
- Whether a public interest litigation can be entertained in the absence of specific statutory provisions or regulations governing the alleged activity?
Subjects
- public interest litigation
- environmental law
- pollution
- poultry farm
- jurisdiction
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
PUBLIC INTEREST LITIGATION (PIL) No. - 1209 of 2026
Abbas Khan
.....Petitioner(s)
Versus
State of U.P. and 4 others
.....Respondent(s)
Counsel for Petitioner(s) : Neeraj Singh
Counsel for Respondent(s) : Meenakshi Singh (A.C.S.C.)
Chief Justice's Court
HON'BLE ARUN BHANSALI, CHIEF JUSTICE
HON'BLE KSHITIJ SHAILENDRA, J.
1. This petition, purportedly in public interest, has been filed by the
petitioner seeking a direction to the respondents to remove the
construction work of the poultry farm made by respondent no.5.
2. A perusal of the petition indicates that, based on a report dated 5 July
2025 given by the Chief Veterinary Officer, Deoria wherein he has opined
that the construction of the poultry farm would lead to pollution, the
present petition has been filed.
3. When a query was put to the counsel for the petitioner that under what
provision, the said report has been given, the counsel was unable to
respond to the said query. Further, in the petition, no law, rules,
regulations, guidelines pertaining to the establishment of poultry farm
have been placed so as to seek their compliance or allege violation
thereof.
4. In that view of the matter, filing of PIL of the present nature, without
any basis, cannot be countenanced. The same is therefore, dismissed.
(Kshitij Shailendra, J) (Arun Bhansali, CJ)
May 7, 2026
AHA/Jyotsana
Digitally signed by :-
AFZAL HUSAIN ABBASI
High Court of Judicature at Allahabad
Checking your session…