Neutral Citation No. - 2025:AHC-LKO:34478 Court No. - 5 Case :- PUBLIC INTEREST LITIGATION (PIL) No. - 571 of 2025 Petitioner :- Naumi Lal Respondent :- State Of U.P. Thru. Prin. Secy. Revenue Deptt. Lko. And 16 Others Counsel for Petitioner :- Vinod Mishra,Km. Shilpi Counsel for Respondent :- C.S.C.,Dilip Kumar Pandey Hon'ble Manjive Shukla,J. 1. Heard Sri Vinod Mishra, learned counsel appearing for the petitioner, learned Standing Counsel appearing for Respondents No. 1 to 4 and Sri Dilip Kumar Pandey, learned counsel appearing for Respondent No. 5. 2. The instant writ petition in form of public interest litigation has been filed seeking following relief :- "Issue a writ order or direction in the nature of mandamus directing the opposite parties to remove the illegal encroachment of the opposite party no. 6 to 17 from the land Gata No. 829/0.7590 Hectare (recorded as Usar Land in revenue record) situated at Village-Dhanuva Sand, Post Office- Bhadeeshwa, Pargana-Nigohan, Tehsil-Mohanlalganj, District Lucknow (as contained Annexure No.1) in the interest of justice. " 3. It has been contended on behalf of the petitioner that the Land Management Committee of village Dhanuva Sand, Pargana-Nigohan, Tehsil-Mohanlalganj, District Lucknow has passed a resolution whereby the land of Gata No. 829 measuring 0.7590 hectare has been proposed for construction of a 'Playground' and a 'Barat Ghar'. It has further been contended that the Respondents No. 6 to 17, who have been given 'Patta', initially did not raise construction of their houses, but now they are raising the constructions, but not on their allotted land. 4. Learned counsel appearing for the petitioner has argued that larger public interest is involved in this matter as the Respondents No. 6 to 17 are in fact creating hindrance in the construction of the 'Playground' and a 'Barat Ghar'. 5. Learned Standing Counsel appearing for the State and Sri Dilip Kumar Pandey, learned counsel appearing for Respondent No. 5 have categorically submitted that as on date, the proposal given by the Land Management Committee has not been accepted and so it cannot be treated to be a final order in regard to construction of the 'Playground' and a 'Barat Ghar'. It has further been submitted that as on date, the land of Gata No. 829 measuring 0.7590 hectare is recorded as 'Usar' in the revenue record and on certain portion of the said land, the Respondents No. 6 to 17 have already been granted 'Patta' for constructing their houses. 6. Learned Standing Counsel appearing for the Sate has vehemently argued that till such time, there exists 'Patta' in favour of the Respondents No. 6 to 17, there cannot be any occasion for earmarking that land for construction of the 'Playground' and a 'Barat Ghar'. He further argues that the present writ petition in the form of public interest litigation is absolutely misconceived and is liable to be dismissed by this Court. 7. I have considered the arguments advanced by the learned counsels appearing for the parties and I find that as on date, the land of Gata No. 829 measuring 0.7590 hectare is shown in the revenue record as 'Usar' land. It is admitted in between the parties that on certain portion of the aforesaid Gata No. 829 Respondents No. 6 to 17 have been granted 'Patta' for construction of their houses. 8. This Court further finds that in respect of the 'Patta' granted to Respondents No. 6 to 17 certain proceedings are pending before the competent authority. Till such time, the decision in respect of the 'Patta' of Respondents No. 6 to 17 is taken and their 'Patta' is cancelled, there is no occasion for the Land Management Committee to make any proposal for construction of a 'Playground' and a 'Barat Ghar' on the same land. 9. In view of the aforesaid reasons, this writ petition is absolutely misconceived and accordingly, is dismissed. Order Date :- 4.6.2025 Gaurav Digitally signed by :- GAURAV PATEL High Court of Judicature at Allahabad, Lucknow Bench