Neutral Citation No. - 2025:AHC-LKO:20261-DB Court No. - 1 Case :- PUBLIC INTEREST LITIGATION (PIL) No. - 343 of 2025 Petitioner :- Vaibhav Singh Respondent :- State Of U.P. Thru. Its Addl. Chief Secy. Prin. Secy. Deptt. Of Basic Education Lko. And 7 Others Q Counsel for Petitioner :- Hemant Kumar Mishra,Arti Ganguly Counsel for Respondent :- C.S.C.,Anurag Tripathi,Pankaj Gupta,Uday Veer Singh Hon'ble Attau Rahman Masoodi,J. Hon'ble Ajai Kumar Srivastava-I,J. (1) Instructions filed by the learned Standing Counsel for the State is taken on record. (2) Heard learned counsel for the petitioner, learned Standing Counsel for the State, Dr. Uday Veer Singh, learned counsel for the opposite party No.4/Basic Education Officer, Sri Anurag Tripathi, learned counsel for the opposite party No.7/Zila Panchayat and Sri Pankaj Gupta, learned counsel for the opposite party No.8/Gram Panchayat. (3) The documents placed on record reveal that Gata Nos. 956, 958 and 900 Ka and 231 min jumla total measuring area 0.3720 hectare are recorded in the name of Patshala as per the revenue record i.e. 1428-1433 fasli. (4) Learned counsel for the petitioner has submitted that a primary school existed on the aforesaid land since long but the same having collapsed has left the Gram Panchayat land as vacant. The issue appears to have been taken up before this Court previously in Public Interest Litigation (Civil) No.14756 of 2018 wherein several orders were passed from time to time. (5) This is the second writ petition relating to the same subject matter. (6) Learned counsel for the opposite parties have informed that the school building of primary school being in dilapidated condition collapsed and the land recorded in the name of Patshala is under complete supervision and control of the Land Management Committee and no part of it has been occupied or encroached upon by any unauthorized person. (7) It is further informed that the local residents having raised private funding have constructed the primary school at a different place for which the site was donated by well-intentioned tenure holders who wanted to promote the cause of education. It is upon a private land donated by the local residents, whereupon the primary school has come to be constructed. At the same time, the gaon sabha land which was recorded in the name of Patshala is now vacant and is duly safeguarded by the gaon sabha without allowing any encroachments to be made by any one whosoever. (8) The prayer made here in this petition for re-construction of the primary school on the land recorded for Patshala, in our humble consideration, is far-fetched once a primary school, as per instructions placed before us, has come to be constructed on a private land in the adjoining area. (9) It is also not the case before us that any part of the land recorded as Patshala in the name of gaon sabha under the control of Land Management Committee has been encroached upon by any unauthorised person. We make it clear that the land which has become vacant as a consequence of collapse of the Patshala building over gaon sabha land may not be utilised by the gaon sabha, otherwise than for a public purpose particularly education. (10) With this clarification, the writ petition is disposed of. . [Ajai Kumar Srivastava-I, J.] [Attau Rahman Masoodi, J.] Order Date :- 10.4.2025 Shahnaz Digitally signed by :- SHAHNAZ BANO High Court of Judicature at Allahabad, Lucknow Bench