Neutral Citation No. - 2025:AHC:36788 Court No. - 50 Case :- PUBLIC INTEREST LITIGATION (PIL) No. - 403 of 2025 Petitioner :- Shivmuni Rajbhar Respondent :- State Of U.P. And 10 Others Counsel for Petitioner :- Tripurari Pal Counsel for Respondent :- C.S.C.,Rameshwar Prasad Shukla Hon'ble Chandra Kumar Rai,J. 1.Heard Mr. Tripurari Pal, learned counsel for the petitioners, Mr. Om Anand, learned Standing Counsel for the State-respondents and Mr. Rameshwar Prasad Shukla, learned counsel for the gaon sabha. 2.The instant public interest litigation has been filed for the following relief: "(I) .To issue a writ, order or direction in the nature of mandamus commanding and directing to the respondent No.2 and 3 to remove the encroachment of disputed tarn (गढहह) situated at village Tendua, Tehsil-Sikandarpur, District-Ballia, bearing Gata No.229 ka area 0.13 hectare kha area 0.06 hectare Ga 0.06 hectare area registered as and tarn (गढहह) and Gata No.230 area 0.34 hectare registered as Forest in Jot Chakbandi Akar Patra - 41 in revenue record from the concerned respondent and to restore the aforesaid land to its original nature. (II). To issue a writ, order or direction in the nature of mandamus commanding and directing the concerned respondents to decide the application dated 13.06.2024 of petitioner expeditiously within a stipulated period as fix by this Hon'ble Court (Annexure No.3). (III). To issue a writ, order or direction in the nature of mandamus commanding and directing the concerned respondents to not create hindrance flowing of the dirty water in tarn (गढहह) of the villagers." 3. Learned counsel for the petitioner submitted private respondents are recorded over the plot in question in illegal manner. He placed the khatauni, which is annexed as Annexure No.2 to the writ petition in which certain persons are recorded over plot No.229-M as bhumidhar (Class 1-ka category) in the khatauni of 1428-1433 fasli. Learned counsel for the petitioner submitted that plot in question was earlier recorded as pond but the entry has been made in the name of private respondents in illegal manner, as such proper direction should be issued to expunge entry of plot in question and plot in question should be recorded as pond. 4. I have considered the arguments advanced by the learned counsel for the parties and perused the record. 5. There is no dispute about the fact that in current revenue record the plot in question is recorded in the name of private persons. 6. In view of the entry of plot in question, the instant public interest litigation to expunge the entry of the plot in dispute or to enquire the matter in respect to the plot in dispute cannot be entertained. Full procedure has been provided under the U.P Revenue Code, 2006 for correction of revenue entry as well as for filing regular suit for declaration of their right. 7. Considering the entire facts and circumstances of the case, the public interest litigation is accordingly dismissed. Order Date :- 12.3.2025 PS* Digitally signed by :- PRITI SHARMA High Court of Judicature at Allahabad