Lord Sheshnagesht Teelshwar Mahadev Virajman Thru. Next Friend Dr.V.K. Srivastava and Others v. Union of India Thru. Secy. Ministry of Culture Govt. of India , New Delhi and Others

Court No. - 7 Case :- WRIT - C No. - 8255 of 2023 Petitioner :- Lord Sheshnagesht Teelshwar Mahadev Virajman Thru. Next Friend Dr.V.K. Srivastava And Others Respondent :- Union Of India Thru. Secy. Ministry Of Culture Govt. Of India , New Delhi And Others Counsel for Petitioner :- Sri Shailendra Srivastava,Vijyant Nigam Counsel for Respondent :- A.S.G.I.,C.S.C.,Farhan Habib,Namit Sharma,Shailendra Singh Chauhan,Syed Aftab Ahmad Hon'ble Manoj Kumar Gupta,Acting Chief Justice Hon'ble Saurabh Lavania,J.

¶1Heard learned counsel for the petitioners, learned Standing Counsel for the State-respondents and Sri S.B. Pandey, learned Senior Advocate & A.S.G.I., assisted by Sri Varun Pandey, learned counsel for respondent nos. 1 to 3.

¶2The prayer made in the instant petition is for a direction to respondent nos. 1 to 3 to decide the representation of the petitioners dated 26.6.2023. The petitioners have also prayed for a direction to respondent nos. 4 to 10 to act upon the complaint dated 18.9.2023 submitted by petitioner nos. 4 and 5 and to ensure stoppage of illegal development/excavation being carried out by respondent nos. 12 and 13. They have also prayed for a direction to respondents to get a scientific survey/spot inspection of the disputed property conducted.

¶3The case of the petitioners is that there is a Bara Imambara and around it, no construction activities within the radius of 100 meters is permissible. The private respondents are raising construction within the prohibited limits.

¶4Counsel for the petitioners is not able to show any personal cause of action as would entitle the petitioners to maintain the instant petition.

¶5The cause, if any, could be in public interest and in that event, the petitioners will have to disclose their credentials before the petition is entertained.

¶6Consequently, we decline to examine the issues raised in the instant petition.

¶7Accordingly, the instant petition is disposed of with liberty to the petitioners to avail such other remedy, as may be advised. (Saurabh Lavania, J) (Manoj Kumar Gupta, ACJ) Order Date :- 29.1.2024 RK High Court of Judicature at Allahabad, Lucknow Bench