Neutral Citation No. - 2025:AHC:32721 Court No. - 50 Case :- PUBLIC INTEREST LITIGATION (PIL) No. - 315 of 2025 Petitioner :- Shripal Singh Tomar Respondent :- State Of U.P. And 11 Others Counsel for Petitioner :- Amit Kumar Counsel for Respondent :- Girijesh Kumar Gupta,C.S.C.,Shiv Shankar Pd Gupta,Sunil Kumar Singh Hon'ble Chandra Kumar Rai,J. 1. Heard Sri Amit Kumar, learned counsel for the petitioner, Sri Ravi Singh Parihar, learned standing counsel for the State, Sri Sunil Kumar Singh, learned counsel for respondent no.5 and Sri Girijesh Kumar Gupta, learned counsel for respondent nos.7, 8 and 9. 2. Instant Public Interest Litigation has been filed for following relief:- "(i) a writ, order or direction in the nature of Mandamus commanding the respondent no.4 to get vacant the land of Khasra No.13m area 0.4170 Hectare, situate at Village Galand, District Hapur from the respondent nos.6 to 12 forthwith, as the said land was never allotted to anyone by the Gaon Sabha;" 3. Learned counsel for the petitioner submitted that in view of the fact that no lease etc. has been executed in favour of anybody in respect of the plot in question, the entry of the plot in question should be corrected and the respondent nos.6 to 12 should be evicted from the plot in dispute. Learned counsel for the petitioner has placed reliance upon a judgment of this Court passed in Writ-A no.33751 of 2012, Anil Kumar vs. State of U.P. through its Secy. and others dated 17.07.2012. 4. Learned counsel for respondent nos.7, 8 and 9 submitted that private respondents are recorded over the plot in question. He further submitted that proceeding under Section 33/39 of the U.P. Land Revenue Act, 1901 was decided in favour of private respondents and restoration/recall filed by the State/Gaon Sabha has been rejected as such prayer made in the Public Interest Litigation cannot be granted. 5. I have considered the argument advanced by learned counsel for the parties and perused the record. 6. There is no dispute about the fact that private respondents are recorded over the plot in question as bhumidhar with transferable rights. 7. In view of the entry of the plot in question as well as judicial orders passed in the proceeding under Section 33/39 of U.P. Land Revenue Act, 1901 in favour of private respondents, the Public Interest Litigation for correction of revenue entry and for eviction of private respondents from the plot in question cannot be entertained. 8. Considering the entire facts & circumstances of the case, no interference is required in the matter and the Public Interest Litigation is dismissed accordingly. Order Date :- 6.3.2025 Asha Digitally signed by :- ASHA High Court of Judicature at Allahabad