The Uttarakhand High Court was not happy with the manner in which the Public Interest Litigation (PIL) was filed by the petitioner, without verifying the facts and permit the petitioner to withdraw the petition, subject to payment of cost of Rs. 10,000/-.
The Petitioner has raised the issue of encroachment over public utility land, which is recorded as Khaliyan in the revenue records of Village Lalchandwala, Pargana Gordhanpur, Tehsil Laksar, District Haridwar. The Petitioner contended that an overhead tank is being constructed over Khaliyan land under Jal Jeevan Mission, which is not permissible.
Instructions were called from the authorities.
On November 24 , the State Counsel, on instructions, submitted that a water tank has been constructed . He further submits that encroachment of certain individuals was found and proceedings under Section 122B of UPZA&LR Act are pending, for removing the illegal encroachment.
The counsel appearing for petitioner submits that petitioner does not want to pursue the matter any further, as the PIL was filed, based on incorrect information about the facts. He further contends that the petitioner has moved an application seeking permission to withdraw the writ petition in this regard.
“We are not happy with the manner in which the PIL was filed by petitioner, without verifying the facts. However, in the peculiar facts and circumstances of the case, we allow the withdrawal application (IA No. 1 of 2023) and permit petitioner to withdraw the writ petition, subject to payment of cost of Rs. 10,000/-, to be deposited with
Uttarakhand High Court Bar Association Advocate Welfare Fund, within one week from today”, the order reads.