MUMTAJ ALI Vs. STATE OF U. P.

JUDGEMENT

(1.) Heard Mr. Chandra Prakash Tiwari, learned counsel for the petitioner, Mr. Shashwat Kishore Chaturvedi, learned counsel for respondent no.5 and Mr. Abhishek Shukla, learned Additional Chief Standing Counsel for the State-respondents and Mr. Deepak Gaur, learned counsel for respondent-Gram Sabha.

(2.) Petitioner has filed the instant petition in public interest stating that petitioner has no personal and private interest in the present matter and the result of the present litigation will not lead any undue gain to the petitioner and anyone associated with him, hence present public interest litigation be entertained.

(3.) Petitioner has pleaded in the petition that plot no.678 area 1.2060 hectare situated in Village-Bamauan, Tahsil- Tahrauli, District- Jhansi is reserved for public-abadi in revenue record. He further pleaded that plot no.678 is road side plot and valuable property of gaon sabha so few person of the locality including petitioner moved an application before Additional District Magistrate (Administration), Jhansi for construction of Community Health Centre over plot no.678 as the same is adjacent to road and tahsil campus accordingly, a letter was sent to Sub-Divisional Officer to provide land about two acre for construction of Community Health Centre, Tehrauli, accordingly, a report of Lekhpal was submitted on 2/9/2021 to the effect that land is fit for government scheme but husband of respondent no.5 in collusion of local political leader is adamant to use the reserve land to his own purpose by allotting the same for residential complex to his own persons, hence this writ petition before this for following reliefs:-