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2025 DAILYLAW 149563 (ALL)

KAMTA v. STATE OF U.P. THRU. PRIN. SECY. DEPTT. OF REVENUE LKO. AND 5 OTHERS

WPIL/674/2025 · 2025-07-07

Attau Rahman Masoodi, Shree Prakash Singh

Public Interest Litigationbody2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:38179-DB Court No. - 1 Case :- PUBLIC INTEREST LITIGATION (PIL) No. - 674 of 2025 Petitioner :- Kamta Respondent :- State Of U.P. Thru. Prin. Secy. Deptt. Of Revenue Lko. And 5 Others Counsel for Petitioner :- Piyush Pathak Counsel for Respondent :- C.S.C.,Mohan Singh,Uday Veer Singh Hon'ble Attau Rahman Masoodi,J. Hon'ble Shree Prakash Singh,J. 1. Heard learned counsel for the petitioner, learned Standing Counsel for the State, Sri Mohan Singh learned counsel for the opposite party nos. 5 and 6 and Sri Uday Veer Singh learned counsel for the opposite party no. 4. 2. Learned counsel for the opposite parties have raised a preliminary objection against the maintainability of the present PIL on the ground that the relief sought herein, in no manner, goes to serve the educational interest of the local children who are imparted education in the primary school. The institution was previously situated at gata no. 83 and is presently in a dilapidated condition. It is on account of this exigency that the Bhumi Prabandhak Samiti has passed a resolution for relocating the educational institution on gata no.100 of which the total area corresponds to 0.2530 hectares. It is out of this area that the proposal has been made for allocation of 0.101 hectares of land to run the primary school. It is also informed that the old land i.e. gata no. 83 upon which the primary school was running is now surrounded by abadi and much of the land has already been encroached upon which is a constant cause of disturbance in the educational activity. 3. Be that as it may, it is for the gram sabha to get the unauthorized occupants removed from the said gata. 4. We do not find any illegality in relocating the primary school from gata no. 83 to gata no. 100 where ample land is available for the children to undergo education upto the primary level. 5. The gram panchayat in all fairness may also consider allotment of more land from gata no. 100 to meet the educational need. Necessary decision in this regard shall be taken in accordance with law. 6. The writ petition serving no public interest cannot be entertained in exercise of extraordinary jurisdiction of this Court. 7. The writ petition is accordingly dismissed. . (Shree Prakash Singh,J.) (Attau Rahman Masoodi,J.) Order Date :- 7.7.2025 kanhaiya Digitally signed by :- KANHAIYA KUMAR High Court of Judicature at Allahabad, Lucknow Bench