HIGH COURT OF JUDICATURE AT ALLAHABAD PUBLIC INTEREST LITIGATION (PIL) No. - 3049 of 2025 Chief Justice's Court HON'BLE ARUN BHANSALI, CHIEF JUSTICE HON'BLE KSHITIJ SHAILENDRA, J. 1. This petition, purportedly in public interest, has been filed by the petitioner seeking a direction to restore the demolished Government drain connected with Government Tubewell No. 72 situated adjacent to the road leading from State Highway-34 to Village Khalilpur, Post Sanwara Chilkahar, District Ballia to its previous condition. 2. Allegations have been made that while constructing the road, the drain connected with the tubewell has been demolished and the same has been used for the purpose of construction of road only with a view to leave the land on the other side of the road, which is under encroachment and, therefore, the respondents be directed to restore the drain adjacent to the tubewell. 3. A perusal of the record indicates that the construction apparently took place somewhere in the year 2023 and the petitioner has been sending representations in this regard from time to time. The Sub-Divisional Magistrate, Rasra on 29.01.2025 has reported to the District Magistrate that the tubewell in question is lying unused for over 20 years and the drain was a dead drain, which has been used for the purpose of broadening of the road which is in existence for over 20-25 years. 4. In view of above fact situation, wherein the petitioner is seeking to pursue a dead cause wherein neither the tubewell nor the drain is in use for over 20 years, no case for entertaining the Public Interest Litigation is Versus Counsel for Petitioner(s) : Neeraj Singh, Ritesh Kumar Singh Counsel for Respondent(s) : Seema Agarwal, S.C., Rameshwar Prasad Shukla Surendra Singh .....Petitioner(s) State of U.P. and 5 others .....Respondent(s) made out. The same is, therefore, dismissed. September 25, 2025 nd/AKShukla WPIL No. 3049 of 2025 2 (Kshitij Shailendra, J) (Arun Bhansali, CJ) Digitally signed by :- NISITH DEY High Court of Judicature at Allahabad