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2016 DIGILAW 331 (ALL)

Praveen Kumar Mishra v. State of U. P.

2016-01-25

D.Y.CHANDRACHUD, YASHWANT VARMA

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JUDGMENT Yashwant Varma,J. The petitioner who is a Manager/Secretary of an organization by the name of 'Shani Seva Samiti' has filed the writ petition seeking a direction for the allotment of land during the course of the ensuing Magh Mela which has already commenced. The relief which the petitioner seeks is in the following terms: "1. Issue a writ order or direction in the nature of writ of mandamus directing to respondents for allotment of the land in Magh Mela Area for organizing of Camp of 'Shani Maharaj' amongst devotees continuously. 2. Issue a writ order or direction in the nature of writ of mandamus directing to respondent no.3 and 4 to produce all the records and details regarding the allotment of land amongst the different organizations. 3. Issue a writ order or direction in the nature of writ of mandamus directing to respondent no.1 to constitute inquiry committed regarding the irregularities of allotment of land in the Magh Mela." 2. The averments contained in paragraph 2 of the writ petition would indicate that the petitioner has a personal interest in the outcome of the proceedings and in fact it is not in dispute that the 'Shani Seva Samiti' has been allotted an area of land. The petitioner is not satisfied with the extent of the allotment and the facilities provided therein. 3. Having regard to these aspects, it would perhaps be inappropriate for the Court to exercise its writ jurisdiction in a PIL particularly since the Magh Mela has already commenced. However, we find from the petition that among the prayers which the petitioner seeks is the enunciation of norms for the future that would promote a transparent and objective process of allotment in the course of the Magh Mela. This is a matter which, in the first instance, should engage the attention of the District Administration in the future so as to obviate complaints such as of the petitioner which are made in these proceedings that allotments are being made on a discriminatory basis. 4. We hasten to add that these observations are not made to cast aspersions on the allotment which has been made presently but nonetheless it is necessary that the District Administration should follow modalities that inspire public confidence. The learned Chief Standing Counsel submits that there are in existence modalities which are being followed. 4. We hasten to add that these observations are not made to cast aspersions on the allotment which has been made presently but nonetheless it is necessary that the District Administration should follow modalities that inspire public confidence. The learned Chief Standing Counsel submits that there are in existence modalities which are being followed. We leave the matter by requesting the Collector and District Magistrate in the future to revisit the existing norms so as to permit orderly, transparent and proper allotment of sites in the future. 5. The petition is accordingly disposed of. There shall be no order as to costs.