Neutral Citation No. - 2025:AHC-LKO:19275-DB Court No. - 1 Case :- PUBLIC INTEREST LITIGATION (PIL) No. - 328 of 2025 Petitioner :- Satish Yadav Respondent :- State Of U.P. Thru. Addl. Chief Secy. Urban Development Lko. And 5 Others Counsel for Petitioner :- Dinesh Kumar Verma Counsel for Respondent :- C.S.C.,Namit Sharma Hon'ble Attau Rahman Masoodi,J. Hon'ble Ajai Kumar Srivastava-I,J. 1. Vakalatnama filed by Sri Mohammed Hamza Shamim learned counsel on behalf of the opposite party nos. 4 and 5 is taken on record. 2. The instructions filed by the learned Standing Counsel are taken on record. 3. Heard learned counsel for the petitioner, learned Standing Counsel for the State and Sri Mohammed Hamza Shamim learned counsel who has put in appearance on behalf of the Nagar Nigam, Lucknow. 4. This writ petition instituted in public interest prays for a writ of mandamus seeking a direction to the State authorities not to alter the nature of gata no. 459 recorded as Chakroad which facilitates a public pathway to gata no. 457 situated at village Sarsawan, Pargana Lucknow Tehsil Sarojini Nagar, district Lucknow. 5. Learned Additional Chief standing Counsel on the basis of instructions has informed that the gata no. 457 as a matter of fact is recorded as a landholding of some private person regarding which some proceedings had also taken place under Section 24 of the U.P. Revenue Code, 2006 and an order was also passed on 26.6.2024. 6. The disputed land has been a subject matter of dispute in the judicial proceeding, as such, the present writ petition filed in public interest seems to have been instituted to overreach the judicial proceedings. It is also not disclosed in the writ petition that as to whether any of the parties feeling aggrieved against the order dated 26.6.2024 has approached the higher court or not. The petitioner has not come up with clean hands by disclosing all the relevant facts regarding the subject matter of the land in question i.e. gata nos. 457 and 459. The order passed by the revenue court on 26.6.2024 is contained as annexure 4 to the writ petition and therefore, it cannot be said that the petitioner is not aware of the said proceedings. 7. A direction sought in the present writ petition filed in public interest firstly cannot be entertained for a dispute relating to the private land and secondly there is no material on record to show that a temple having access to the public at large actually existed for which an access as claimed was available through the chak road. 8. All these contentious questions of facts cannot be gone into in the present writ petition. The petitioner or any aggrieved party for that matter is at liberty to avail the civil remedy before the competent civil court. 9. The writ petition being misconceived is accordingly dismissed. . [Ajai Kumar Srivastava-I,J.] [Attau Rahman Masoodi, J.] Order Date :- 7.4.2025/kanhaiya Digitally signed by :- KANHAIYA KUMAR High Court of Judicature at Allahabad, Lucknow Bench