Neutral Citation No. - 2025:AHC-LKO:10038-DB Chief Justice's Court Case :- PUBLIC INTEREST LITIGATION (PIL) No. - 144 of 2025 Petitioner :- Omkar Respondent :- State of U.P. through. Addl. Secy. Deptt. of Revenue Lko. and 6 others Counsel for Petitioner :- Birendra Narain Shukla, Krishna Kumar Singh, Prabhaw Kumar Tripathi Counsel for Respondent :- Isha Mittal, A.C.S.C., Pankaj Gupta, G.M. Kamil Hon'ble Arun Bhansali, Chief Justice Hon'ble Jaspreet Singh, J. 1. Power has been filed on behalf of respondent no.6. 2. This petition has been filed by the petitioner inter alia seeking a direction to opposite party nos. 1 to 4 to construct RRC Building and Anganbadi Centre over Gaon Sabha Plot/Gata No. 259, which is recorded as 'Naveen Parti' in Khatauni of 1429-1434 Fasli. 3. Submissions have been made that respondent nos. 5 to 7 are in unauthorised possession over Plot No. 259 and, therefore, the respondents be directed to remove the said unauthorised occupation and raise construction as proposed by resolution dated 28.09.2023 of the Gram Panchayat. 4. Learned counsel appearing for respondent no.6 made submissions that proceedings initiated under Section 116 of the U.P. Revenue Code, 2006, seeking division of the landholding among respondent nos. 5, 6 and 7 and proceedings for correction of record, are pending consideration before the competent authority pertaining to the land comprised in Khasra No. 260, which is abutting Plot No. 259. 5. Submissions have been made that till such time that the said determination takes place, it cannot be said that respondent no.6 is in unauthorised occupation of the land in question. 6. Counsel appearing for the Gram Sabha does not dispute the fact that proceedings initiated by respondent no.6 are pending consideration before the competent authority. 7. In the circumstances of the case, wherein plea has been raised by the petitioner, who claims himself to be ordinary member of the Gram Sabha seeking eviction of respondent nos. 5 to 7, whereas respondent no.6 is contesting the proceedings with the Gram Sabha before the competent forum, directions sought in the present PIL cannot be countenanced. 8. Consequently, the petition filed by the petitioner is disposed of. It would be required of respondent no.6 as well as the Gram Sabha to ensure that the proceedings pending before the competent authority are decided at an early date so as to resolve the dispute among them and the RRC building may be constructed. Order Date :- 17.2.2025 RK/AHA (Jaspreet Singh, J) (Arun Bhansali, CJ) Digitally signed by :- RAJESH KUMAR High Court of Judicature at Allahabad, Lucknow Bench