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SADAR VYAPAR MANDAL MEERUT versus UNION OF INDIA AND OTHERS

High Court of Judicature at Allahabad

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Sadar Vyapar Mandal Meerut v. Union Of India And Others - PUBLIC INTEREST LITIGATION (PIL) No. 72458 of 2005 [2005] RD-AH 7450 (13 December 2005)

 

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HIGH COURT OF JUDICATURE OF ALLAHABAD

COURT NO.34

Civil Misc. Writ Petition No.72458 of 2005

Sadar Vyapar Mandal Meerut

Versus

Union of India & Ors.

Hon'ble Dr. B.S. Chauhan, J.

Hon'ble Dilip Gupta, J.

This Public Interest Litigation has been filed by Sadar Vyapar Mandal Meerut, through a person claiming to be its President for quashing the decision, if any, taken by Cantonment Board, Meerut for sanction of the construction in respect of 210-B, West End Road, Sadar Meerut.

On the last date, when we expressed our doubt regarding bonafides of the so-called President, learned counsel appearing for the petitioner sought permission to withdraw the writ petition. However, in view of the judgment of the Hon'ble Apex Court in S.P. Anand, Indore Vs. H.D. Deve Gowda & Ors., (1996) 6 SCC 734, as the withdrawal of the Public Interest Litigation is not permissible, the said prayer was rejected.

Shri A.R. Dube, learned counsel appearing for the petitioner has fairly conceded that the registration of the petitioner's Society was valid upto 31.01.2005 and, therefore, on 15.11.2005, the petition could not have been filed on behalf of the Society showing it to be a registered Society. There is nothing on the record to show that there was a resolution of the said Society authorising the President to file the petition and Shri A.R. Dube has also admitted that there was no such resolution.

Thus, our apprehensions regarding the bonafides of the deponent Shri Vinod Jaiswal have come out to be true. He is present in the Court. He could not furnish any explanation as to how under these circumstances, the petition could be filed without seeking any authorisation from the said Society and under what circumstances, he was so much interested in seeking a relief for quashing the sanction of construction in question over the land 210-B, West End Road, Sadar, Meerut. If any of his personal rifghts were effected, he could have filed a suit for restraining the said respondent no.5, the owner/lessee of the said plot.

The petition has been filed to achieve an ulterior purpose, we therefore  dismiss the same with the cost of Rs. 10,000/- to be recovered from the deponent (Shri Vinod Jaiswal, son of Shri Tej Pal Singh, resident of 314, Sadar Kabari Bazari, Meerut Cantt., Meerut) by the learned District Collector, Meerut as arrears of land revenue within a period of four weeks from receipt of this order and shall be deposited with the High Court Legal Service Committee, Allahabad. A copy of this order be sent to the learned District Collector, Meerut by the Registry for compliance.

13.12.2005

AHA


Copyright

Reproduced in accordance with s52(q) of the Copyright Act 1957 (India) from judis.nic.in, indiacode.nic.in and other Indian High Court Websites

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