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Allahabad High Court

SMT. SANDHYA CHAUDHARYversusSTATE OF U.P. AND 4 OTHERS

Decided

Holding

A petition that is essentially a private inter‑se dispute cannot be entertained as a public‑interest litigation.

Summary

The petitioner, Smt. Sandhya Chaudhary, filed a public‑interest litigation seeking a court direction to demolish an alleged illegal construction by respondent No.5 at a village in Basti district. The record revealed that both parties are co‑tenants and neighbours, and the dispute arose from an inter‑se conflict over the property. The court observed that the petition was not a genuine public‑interest matter but a private dispute masquerading as a PIL. Consequently, the court held that such a petition cannot be entertained. The petition was therefore dismissed.

Issues considered

  • Whether a private inter‑se property dispute can be framed as a public‑interest litigation
  • Whether the court can issue a demolition order in a case that is essentially a private dispute

Subjects

  • public interest litigation
  • illegal construction
  • inter‑se dispute
  • co‑tenancy
  • jurisdiction
  • misuse of PIL

Judgment

                                                HIGH COURT OF JUDICATURE AT ALLAHABAD
                                                 PUBLIC INTEREST LITIGATION (PIL) No. - 2240 of 2026

                                    Smt. Sandhya Chaudhary
                                                                                                .....Petitioner(s)
                                                                       Versus

                                    State of U.P. and 4 others
                                                                                              .....Respondent(s)

                                    Counsel for Petitioner(s)         : Ganesh Kumar Verma
                                    Counsel for Respondent(s)         : Harshit Pathak (S.C.), J. N. Maurya

                                    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 take appropriate action
                                    for demolishing the illegal construction of respondent no. 5 situated at
                                    Village Krisna Bhagouti, Post Rudhaura, Tappa Devraon, Pargana Purab,
                                    Tehsil Sadar, District Basti.

                                    2. A perusal of record indicates that both petitioner and respondent no. 5
                                    are co-tenants of the same area and are neighbours and apparently on
                                    account of inter se dispute between the parties, the petition in the name of
                                    public interest litigation has been filed.

                                    3. Filing of petition of the present nature looking to the nature of dispute,
                                    cannot be countenanced, the same is, therefore, dismissed.



                                                                  (Kshitij Shailendra,J.) (Arun Bhansali,CJ.)
                                    October 1, 2026
                                    Sandeep/AKShukla




Digitally signed by :-
SANDEEP KUMAR
High Court of Judicature at Allahabad


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