'Personal Interest Litigation': Allahabad HC Imposes 50K Cost On Mahant Seeking Removal Of Encroachment From Temple Land In PIL Jurisdiction

Update: 2023-08-23 15:15 GMT
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The Allahabad High Court, on Tuesday, imposed a cost of Rs. 50,000 on the Mahant of Shri Thakur Ji Saket Bihari Mandir situated in Padrauna, Kushinagar, seeking directions for removal of unauthorized occupation over the temple land.The bench comprising Chief Justice Pritinker Diwaker and Justice Ashutosh Srivastava observed that the petitioner had invoked its PIL jurisdiction whereas the...

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The Allahabad High Court, on Tuesday, imposed a cost of Rs. 50,000 on the Mahant of Shri Thakur Ji Saket Bihari Mandir situated in Padrauna, Kushinagar, seeking directions for removal of unauthorized occupation over the temple land.

The bench comprising Chief Justice Pritinker Diwaker and Justice Ashutosh Srivastava observed that the petitioner had invoked its PIL jurisdiction whereas the relief sought was of a private nature.

“From perusal of records it appears that the petitioner is Mahant of Shri Tahkur Ji Saket Bihari Mandir, Ramkola Road, Padrauna, and present petition, on his behalf, is not a Public Interest Litigation but a personal interest litigation, which is an abuse of process of law.”

Accordingly, the PIL was dismissed with a cost of Rs. 50,000.

Case Title: Mahant Dinesh Das Disciple vs. State Of U.P. And 5 Others [PIL No. - 1904 of 2023]

Case Citation: 2023 LiveLaw (AB) 280

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