DIWAKAR TYAGI Vs. STATE OF U P

JUDGEMENT

(1.) In a petition, which has purportedly been filed in the public interest, the petitioners seek a mandamus to the State, the District Magistrate and the Moradabad Development Authority to demolish what are stated to be illegal encroachments made on the streets and roads passing through Dev Vihar Colony. The petitioners seek a mandamus for the exercise of statutory powers vested in the Authority under the Uttar Pradesh Urban Planning & Development Act, 1973. A mandamus is also sought for the removal of alleged illegal constructions and encroachments on the streets and roads so as to enable the persons residing in Naya Gaon to pass through Dev Vihar Colony, Moradabad.

(2.) Before we can entertain a petition purportedly filed in the public interest, the Court must be abundantly clear that the jurisdiction is being invoked bona fide and not for extraneous purposes. This is in fact the reason why, following the judgment of the Supreme Court in State of Uttaranchal Vs. Balwant Singh Chaufal & Ors., 1 sub-rule (3A) was inserted by amendment in Rule 1 of Chapter XXII of the Allahabad High Court Rules. The object and purpose of requiring a petitioner, in a public interest petition, to make an adequate disclosure of his or her credentials is to enable the Court to satisfy itself at the outset that the jurisdiction is being invoked for a legitimate purpose, otherwise the sanctity of the jurisdiction will be completely destroyed if the petitions filed for extraneous purposes are entertained in the garb of public interest petitions. The present case is in fact a case in point.

(3.) A writ petition had been filed before this Court by one Sanjeev Mehrotra being PIL-30520 of 2013 (Sanjeev Mehrotra Vs. State of U.P. & 9 Ors.,) in the public interest seeking similar reliefs. That petition was dismissed by a Division Bench of this Court consisting of the then Chief Justice, Hon'ble Mr. Justice Shiva Kirti Singh (as His Lordship then was) and Hon'ble Mr. Justice Vikram Nath after hearing all the parties with an order which reads as follows:-