The Allahabad High Court has refused to allow the withdrawal of a Public Interest Litigation (PIL) filed against alleged land encroachment by a person with a serious criminal background, citing public interest concerns. Justice J.J. Munir passed the order in PIL No. 1375 of 2025, titled Chhedilal vs State of U.P. and Others.
Background
The PIL was initially filed by Chhedilal, alleging illegal encroachment by respondent no. 5, Kesar Singh, over public utility lands in Village Rakshapalpur, Pargana Ekhla, Tehsil Khaga, District Fatehpur. The lands in question include Gata Nos. 276, 294, 308, 292, 298, 299, 295, and 296, recorded as Khalihan, Manure Pit, and Banjar lands belonging to the Gaon Sabha.
When the matter came up for admission, Advocate V.C. Srivastava sought permission to withdraw the petition. However, Advocate Irfan Ali, holding the brief of the original counsel, contended that the petitioner was attempting to withdraw the petition under coercion and threats from respondent Kesar Singh. The Court was informed that Singh is a “land mafia” with 16 criminal cases registered against him in Fatehpur, including offences under the Gunda Act, attempt to murder, mischief, damage to public property, and criminal intimidation.
Court’s Observations
Justice Munir noted,
“A petitioner does not have an indefeasible right to withdraw a PIL. Once a public cause is brought to this Court’s notice, the petitioner, if he abandons it, leaves the Court with the option to direct the petitioner to be substituted by some other public spirited person ready and willing to espouse the cause or the matter may be converted into a Suo Motu action.”
The Court took note of the serious allegations of illegal encroachment and directed that the Secretary (Home), Government of U.P., and the Director General of Police, Government of U.P., be impleaded as respondents in the case.
Directions Issued
The Court directed the following:
- The Collector of Fatehpur and the Sub-Divisional Officer of Khaga must submit a report by May 29, 2025, confirming whether the aforementioned Gata numbers are indeed Gaon Sabha or public utility lands and if they are under encroachment by respondent no. 5.
- Respondent no. 5, represented by Advocate Sharad Chand Rai, who accepted notice in Court, was directed to file a counter affidavit addressing both the encroachment allegations and the criminal history presented in the petition.
- The Court further directed the Registrar (Compliance) to ensure that this order is communicated to the relevant authorities through the Chief Judicial Magistrate, Fatehpur, within 24 hours.
The matter is listed for further hearing on May 29, 2025.
Case Title: Chhedilal vs State of U.P. and Others
Case No.: PIL No. 1375 of 2025
