Neutral Citation No. - 2025:AHC:116312-DB Chief Justice's Court Case :- PUBLIC INTEREST LITIGATION (PIL) No. - 344 of 2025 Petitioner :- Jai Singh Respondent :- State of U.P. and 3 others Counsel for Petitioner :- Sanjeev Singh, Sr. Advocate, Priyansh, Vinay Kumar Singh Counsel for Respondent :- R.C. Singh, Sr. Advocate, Rituvendra Singh, Anil Kumar Singh Baghel, Seema Agarwal, S.C., Hon'ble Arun Bhansali,Chief Justice Hon'ble Kshitij Shailendra,J. 1. This petition purportedly in public interest has been filed by the petitioner seeking quashing of the auction notice dated 22.11.2024 issued by the Zila Panchayat, Gorakhpur for holding auction of certain shops detailed in the auction notice and Government Order dated 25/31-1-2024 issued by Additional Chief Secretary, Department of Panchayat Raj, Government of U.P., Lucknow. Further direction has been sought not to proceed with the auction and not to allot the proposed shops to be constructed over the Boarding House (property in question) situated at plot no. 398, Ward No. 5, Village Badavan, Development Block and Tehsil Bans Gaon, District - Gorakhpur. 2. The petitioner claiming himself a public spirited person who feels that education should have precedence over commercial activity and if any institution is used for educational purpose, then it should remain educational and should not be converted or used for commercial activity, has filed the present petition inter-alia with the contentions that under Schedule II of the U.P. Kshetra Panchayat and Zila Panchayat Act, 1961 (for short the 'Act, 1961') indicating the power and function of Zila Panchayat under item (xvii) pertaining to education, including primary and secondary schools requires constructions, maintenance and supervision of primary and secondary schools, providing education for all in the district and survey and affiliation of primary and secondary education in the district. 3. Submission has been made that a dispute arose between Nagar Panchayat, Bans Gaon and Zila Panchayat, Gorakhpur and the matter was decided by a committee headed by Commissioner, Gorakhpur Division holding that the plot in question known as Boarding House was the property of Zila Panchayat, Gorakhpur, wherein it was indicated that the same has been a Boarding Teacher Training Centre. 4. The determination made was questioned by Nagar Panchayat, Bans Gaon by filing Writ - C No. 41577 of 2024 and in the counter affidavit, it was indicated that license was granted to run basic education over the land in question and that primary school and and junior school were being run. 5. On account of issuance of auction notice, the petitioner made a representation dated 05.02.2025 raising grievance regarding auction of the shops whereafter, averments have been made pertaining to the lack of right of the Zila Panchayat over the land in question. Based on the said submissions, prayers, as noticed hereinbefore, have been made. 6. Under the directions of the Court, a short counter affidavit has been filed on behalf of the Zila Panchayat, Gorakhpur inter-alia making serious allegations against the petitioner. Submission has been made that once in the writ petition filed by the Nagar Panchayat, Bans Gaon being Writ - C No. 41577 of 2024 seeking to question the ownership of the Zila Panchayat over the land in question, no interim order was granted, the petitioner has been set up for filing the present Public Interest Litigation. 7. Submission has been made that both the petitions i.e. Writ - C No. 41577 of 2024 by the Nagar Panchayat, Bansgaon and present purported Public Interest Litigation have been filed by the same set of counsel. 8. Further submission has been made that in view of the provisions of the U.P. Basic Education Act, 1972, the control of primary education from the Local Bodies has been transferred to the U.P. Board of Basic Education and consequent amendments have also been incorporated in the Act of 1961 whereby Section 43 of the Act, 1961 has been amended. 9. Submission has also been made that the land in question, which has been recorded as Boarding House, was lying unused and for the purpose of augmenting the income of the Zila Panchayat, a scheme was prepared to use the land as the building, which was once used as Boarding House, was not in use and is a very old building, which outlived its life and has become dilapidated and way back in the year 1992-93, 50 shops were constructed and were let out to various persons by the Zila Panchayat and now a fresh proposal was sent to the State for approval, which has been approved. 10. It is also submitted that there has never been any educational institution at the site in question except for a Boarding House, which is not in use for a long time and therefore, the plea raised has no substance and the petition deserves dismissal. 11. Learned counsel for the petitioner made vehement submissions that from the plea raised by the respondents in reply to the writ petition filed by Nagar Panchayat, Bans Gaon, it is apparent that an educational institution was existing at the site in question, however, its existence is sought to be now denied, which cannot be permitted. 12. Further submission has been made that the action of the respondents is contrary to the mandate of Article 21A of the Constitution of India providing for right to education and the duty cast under the Act, 1961 wherein, instead of constructing shops at the site, the respondents should construct school/college and therefore, the auction notice/the permission granted by the State deserves to be quashed and set aside. 13. Counsel for the respondents reiterated the submissions made in the short counter affidavit and emphasized that filing of the present PIL is misuse of the jurisdiction of this Court. It is submitted that petition has been filed on failure to obtain any order in Writ - C No. 41577 of 2024 filed by Nagar Panchayat, Bans Gaon and therefore, the same deserves dismissal. 14. It has been emphasized that the respondents are putting the land to use for the purpose of augmenting the resources of the Zila Panchayat and it has the right to put the land to an appropriate use in accordance with law, wherein requisite permission has already been obtained from the State Government, the petition deserves dismissal. 15. We have considered the submissions made by counsel for the parties and perused the material available on record. 16. A co-ordinate Bench on 18.02.2025 directed listing of the present petition with record of Writ - C No. 41577 of 2024 (Nagar Panchayat, Bans Gaon and another v. State of U.P. and 4 others), which record has been tagged with the present petition. A perusal of the proceedings of the said writ petition reveals that the petition came up before the Court on 13.12.2024 when three weeks time was granted to all the respondents to file counter affidavit and it was directed that aspect of grant of interim order would be considered after exchange of affidavits. 17. Whereafter, apparently, with a view to file the present Public Interest Litigation, a representation dated 05.02.2025, appears to have been sent to various addressees on 08.02.2025 as is reflected from the postal receipts (page 49) and on 10.02.2025, the present petition has been filed. 18. The petition not only contains the averments pertaining to filing of Writ - C No. 41577 of 2024 by Nagar Panchayat, Bans Gaon, it annexes the counter affidavit filed by Zila Panchayat in the said petition and whereafter, para 15, 16 and 17 of the present petition, questioning the title of the Zila Panchayat have been copy-pasted from para 38, 39 and 41 of the writ petition filed by Nagar Panchayat, Bans Gaon. 19. The petitioner in the petition, has claimed himself to be a public spirited person besides which not a word pertaining to his credentials has been indicated in the petition and the affidavit filed in support of the petition indicates the occupation of the petitioner as 'Social Worker'. 20. The above aspect, clearly fortifies the allegations made by the respondents Zila Panchayat that the petitioner, has been set up by Nagar Panchayat, Bans Gaon/its Chairman in filing the present Public Interest Litigation. 21. Filing of the petition in the nature of Public Interest Litigation by sending a cursory representation dated 05.02.2025 on 08.02.2025 by registered post and even before the same reaches the addressees, before this Court on 10.02.2025 without disclosing the credentials and claiming the occupation as 'Social Worker' clearly establishes that the petition, is not bonafide and the same has been filed only on account of the fact that Nagar Panchayat has failed to obtain interim relief in the writ petition filed by it claiming ownership over the land in question, which manner of filing of the petition purportedly in public interest cannot be countenanced. 22. Submissions made seeking to take high moral ground by claiming that the petitioner wants precedence of educational institution over commercial purpose is simply a pretence and apparently, has no substance. In the entire petition, except for relying on the averments made in reply filed in the writ petition filed by Nagar Panchayat, no proof has been presented to indicate existence of any educational institution any time in the past at the location. In fact, there is no assertion/averment even indicating as to what nature of and which institution was existing at the site in question. 23. Once the respondents have sent a proposal to the State Government, which, in its discretion after examining the same, has permitted use of the land in a particular manner, the same cannot be questioned/faulted on account of the plea sought to be raised in the present Public Interest Litigation. 24. Reliance placed on Article 21A of the Constitution also is misplaced inasmuch as the said Article cannot be used for the purpose of stopping use of a land belonging to the Zila Panchayat, if permitted, the provisions of the said Article can then be used for stopping any work sought to be undertaken by the Zila Panchayat. 25. Consequently, we do not find any reason to entertain the present petition purportedly in public interest and the same is, therefore, dismissed. Order Date :- 17.7.2025 nd (Kshitij Shailendra, J) (Arun Bhansali, CJ) Digitally signed by :- NISITH DEY High Court of Judicature at Allahabad