Allahabad High Court
BALRAM SHUKLAversusSTATE OF U.P. AND 3 OTHERS
- Decided
Holding
The petition is dismissed as it fails to raise a justiciable issue and does not implead the alleged occupants.
Summary
The petitioner, Balram Shukla, filed a public interest litigation seeking a direction to the District Magistrate to remove occupants who had allegedly encroached on land acquired for the construction of court buildings. The petition identified several individuals as occupants but did not implead them as parties. The Court noted that separate writ petitions challenging the acquisition itself were already pending before it. Since the petition neither raised a substantive legal question nor involved the necessary parties, the Court found no basis to entertain it. Consequently, the petition was dismissed, and the pending writ petitions were ordered to be listed for hearing.
Issues considered
- What authority does the Court have to direct the District Magistrate to remove occupants in a public interest petition?
- Whether the petition can be entertained without impleading the alleged occupants as parties.
Subjects
- public interest litigation
- land acquisition
- encroachment
- jurisdiction
- petition dismissal
- impleader of parties
Judgment
.
HIGH COURT OF JUDICATURE AT ALLAHABAD
PUBLIC INTEREST LITIGATION (PIL) No. - 1986 of 2023
Balram Shukla
.....Petitioner(s)
Versus
State of U.P. and 3 others
.....Respondent(s)
Counsel for Petitioner(s) : Dharmendra Singh
.
Counsel for Respondent(s) : Rajiv Singh (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 District Magistrate to take appropriate
action about dispossession of occupants of the acquired land for
construction of residential and non-residential buildings of the Court.
2. Submissions have been made that certain persons have encroached over
the land in question and therefore, action be taken for their removal from
the land in question.
3. A perusal of the record indicates that the map, which has been annexed
with the report (Annexure No. 5) indicates that the plot is in possession of
several persons being Chanda Devi, Vimlesh Shukla, Rajesh Shukla,
Vidyadhar Shukla, Gyan Devi, Anandi Devi and Umesh Shukla.
4. None of the said occupants have been impleaded as party. Besides the
above, on previous occasions, it has been noticed that the writ petitions
challenging the acquisition itself are pending consideration before this
Court.
5. In that view of the matter, we do not find any reason to entertain the
present petition, the same is, therefore, dismissed.
WPIL No. 1986 of 2023
2
6. The connected writ petitions being Writ-C No. 43101 of 2010, Writ-C
No. 64508 of 2011, Writ-C No. 71289 of 2011, Writ-C No. 8458 of 2012
and Writ-C No. 9901 of 2014 be listed before appropriate Bench on
02.04.2026.
(Kshitij Shailendra,J.) (Arun Bhansali,CJ.)
March 13, 2026
SL/Mukesh Pal
Digitally signed by :-
SHYAM LAL
High Court of Judicature at Allahabad
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