- (1.) This writ petition has been filed in the garb of Public Interest Litigation (hereinafter referred to as 'PIL') alleging that private respondents 5 to 7 have encroached upon a public Park by raising certain construction which is causing obstruction in functioning of Ram Leela from time to time and, therefore, direction be issued to respondents to remove aforesaid encroachment and demolish construction so that petitioner may perform 'Ram Leela' every year.
(2.) Following prayers have been made by petitioners :- (a) Issue a writ, order or direction in the nature of mandamus directing the respondents authorities to restrain the private respondents not to change the nature of public park either by raising construction or alienating the same. (b) Issue such any other writ or order in the nature of mandamus directing and commanding the respondents to demolish the illegal construction made over the Aarazi of park and garbage from the park may be removed forthwith and petitioner may be allowed to performed Ram Lila in the park year by year without any impediment."
(3.) Though, petitioner has attempted to term this petition a PIL alleging that there is an encroachment on a public Park but in effect it is enforcing personal rights also since a writ of mandamus has also been sought directing respondents to allow petitioner to perform 'Ram Leela' in the Park in question, regularly and without any hindrance and impediment.;