- (1.) Sandeep Singh, son of Rajendra Singh and Monika Mittal, wife of Himanshu Mittal have filed the present Public Interest Litigation for a direction commanding the respondents no.2 and 3 to get the Gata No.641/1 area 0.1900 hec. (reserved for Park) vacated from illegal occupation of the unauthorized occupants and to remove the illegal constructions made thereon.
(2.) At the very outset, Shri Lal Saheb Yadav and Shri Ramesh Kumar, who represent the respondent no.3, have raised preliminary objection regarding maintainability of the petition as Public Interest Litigation on the ground that for the same set of facts the petitioners had earlier filed Public Interest Litigation (PIL) No.20664 of 2016 and a Division Bench of this Court vide order dated 6.5.2016 had proceeded to dispose of the petition with following observations:- "The relief which the petitioners have sought in the writ petition is in the following terms: "(i) Issue a writ, order or direction in the nature of Mandamus commanding/directing the respondents to remove the illegal encroachment of park situated at Kamla Quarter Ward No.39 District Ghaziabad of local miscreants."
(3.) The petitioners have submitted a representation which has to be duly considered by the competent authority. Since the issue involves primarily the determination of facts, we direct that the representation be considered in accordance with law. This shall be with due notice to all the affected parties. We clarify that we have not made any finding on the merits of the allegation which are left open to be determined by the competent authority.;