Neutral Citation No. - 2025:AHC:29345 Court No. - 50 Case :- PUBLIC INTEREST LITIGATION (PIL) No. - 2386 of 2024 Petitioner :- Vinesh And 8 Others Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Ajay Kumar Sharma Counsel for Respondent :- Akhil Kumar Srivastava, Madan Mohan Lal, Mrityunjay Khare,C.S.C.,Kaushal Kishore Mani Hon'ble Chandra Kumar Rai,J. In Re: Civil Misc. Impleadment Application No. 2 of 2025 1. Heard Mr. Mrityunjay Khare, Mr. Madan Mohan Lal and Mr. Akhil Srivastava, learned counsels for the applicants and learned counsel for the writ petitioner. 2. Counsel for the applicants submitted that applicants should be impleaded in the instant petition on the ground that plot which is recorded as manure pit in the revenue record were allotted in favour of applicants in the year 1986. He placed the receipt annexed along with the rejoinder affidavit in order to demonstrate that applicants were allotted in plot in question in the year 1985. 3. On the other hand, learned counsel for the writ petitioners submitted that applicants are not necessary party in the instant public interest litigation, as such, the instant application is liable to be rejected. 4. I have considered the arguments advanced by learned counsel for the parties and perused the records. 5. There is no dispute about the fact that plot in question is recorded as Class 6 (4) Category plot in the revenue record. 6. In view of the revenue entry of the plot in question, the applicants cannot be impleaded in the instant petition. 7. The application is accordingly rejected. Order on Writ Petition 1. Heard counsel for the writ petitioner, Mr. Mridul Kumar, learned Standing Counsel for the State respondents and Mr. Kaushal Kishore Mani, learned counsel for respondent- Gaon Sabha. 2. The instant public interest litigation has been filed for the following relief:- "Issue a writ, order or direction in the nature of mandamus commanding the respondent authorities to ensure construction of RRC Centre around land of gata No. 87 recorded as manure pits situated in Sidki, District Saharanpur." 3. This Court directed the learned counsel for the State and Gaon Sabha to obtain instruction in the matter accordingly instruction was placed before the Court on 16.1.2025 and following order was passed by this Court:- "1.Instruction dated 15.01.2025 sent by Sub Divisional Officer Saharanpur is taken on record. 2.Impleadment application dated 15.01.2024 filed by Mr. Madan Mohan Srivastava, Mr. Akhil Srivastava and Mr. Mritunjay Khare, learned counsel appearing on behalf of Kareshan and others is taken on record. 3.Office is directed to allot number to the aforementioned impleadment application. 4. Mr. Hari Mohan Srivastava, learned Additional Chief Standing Counsel for the State-respondents on the basis of the instruction submitted that plot No.87 area 0.0610 hectare is recorded as Class-6 (4) category plot in the revenue record. He further submitted that in view of the scheme of the Government, the plot no.87 was selected for construction of R.R.C. Center. He further submitted that revenue team constituted has made the inspection for the purpose of construction of R.R.C. Center, but certain persons have opposed the construction on R.R.C. Center in the plot in question. He submitted that persons who are opposing construction of R.R.C. Center have set up their claim on the ground that plot in question is being used by villagers as manure pit and there is no plot for this purpose in the village. 5. Mr. Akhil Serivastava, learned counsel who has filed impleadment application submitted that the plot No.87 is recorded as Class 6 (4) category plot as such nature of the plot cannot be changed by the authorities. He submitted that R.R.C. center cannot be constructed in the plot No.87 which is being used by the villages as manure pit. 6. Put up this matter as fresh on 05.02.2025 showing the names of Mr. Mritunjay Khare, Mr. Madam Mohn Srivastava, and Mr. Akhil Srivastava as learned counsel for the proposed respondents." 4. Counsel for the writ petitioners submitted that appropriate direction be issued to the authorities to insure the construction of R.R.C. Centre in plot No. 87. 5. The perusal of the instruction sent by Sub Divisional Officer Sadar Saharanpur fully demonstrate that authorities are constructing R.R.C. Centre in the interest of villagers of the Village in question. 6. In view of the instruction sent by the authorities, there is no illegality in construction of R.R.C. Centre in the plot No. 87 situated in Village Sidki District Saharanpur. 7. Considering the entire facts and circumstances of the case, the instant public interest litigation is finally disposed of directing the respondent no.2, District Magistrate, Saharanpur to ensure the construction of R.R.C. Centre in plot No. 87 situated Village at Sidki, District Saharanpur within period of three months from the date of production of certified copy of this order. Order Date :- 3.3.2025 Vandana Y. Digitally signed by :- VANDANA YADAV High Court of Judicature at Allahabad