High Court of Judicature at Allahabad
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Braj Kishor Dubey And Others v. State Of U.P. And Others - PUBLIC INTEREST LITIGATION (PIL) No. 64646 of 2006  RD-AH 20291 (30 November 2006)
Civil Misc. Writ Petition No. 64646 of 2006
Brij Kishore Dubey and others vs. State of U.P. and others
Counsel for the petitioners: Mr. Rakesh Sinha &
Mr. Anubhav Chandra
Counsel for the respondents: Mr. Shashi Kant.
Hon'ble Ajoy Nath Ray, CJ
Hon'ble Ashok Bhushan, J
Heard learned counsel for the petitioners and Sri Shashi Kant, learned counsel appearing for respondent no. 6.
By this writ petition, filed as a public interest litigation, the petitioners have prayed for a mandamus commanding the respondents to stop and remove the illegal constructions over the public park situated in Dashrath Kunj Coloney, Agra.
Learned counsel appearing the respondnets has submitted that there is no evidence or material in the writ petition to show that this park belongs to respondent nos. 6 and 7. The allegations in the writ petition are against the private respondent nos. 8 to 10 who are said to have made illegal construction over the park which is in dispute.
The remedy of the petitioners is to institute a suit in the competent court for redressal of their granvances. The writ petition raises question of facts which need evidence and adjudicatgion, which cannot be undertaken in proceedings under Article 226, specially as a public interest litigation.
The writ petition is dismissed with the above observation.
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