HIGH COURT OF JUDICATURE AT ALLAHABAD PUBLIC INTEREST LITIGATION (PIL) No. - 3777 of 2025 Court No. - 55 HON'BLE ARUN KUMAR, J. 1. Heard Sri Rajesh Kumar Dubey, learned counsel for the petitioner, learned Standing Counsel for the respondent nos.1 to 4 and Sri Achal Singh, learned counsel for the respondent no.5. 2. The present petition has been filed for the following relief: "Issue a writ, order or direction in the nature of mandamus, commanding the respondents to maintain the status of the Kairi-Korra Khurd Road as existing/made during the year 2011-2012, within stipulated period or within time as fixed by this Hon'ble Court." 3. It is contended by the learned counsel for the petitioner that a pathway over plot no.295 was constructed in the year 2011-12 under MGNREGA Scheme. However, the present Pradhan got the entire pathway dug out, causing loss to the state exchequer. It is further prayed that a suitable direction be issued to the state authorities for restoration of pathway over plot in question. 4. Per contra, learned Additional Chief Standing Counsel has drawn attention of the Court to Annexure-2 of the writ petition, which shows that plot no.295 is a bhumidhari land recorded in the name of various tenure holders. As it is not a public utility land, the present PIL is not maintainable. He further contends that if the petitioner has any objection regarding misappropriation of gaon sabha fund, appropriate applications made be made under the provisions of the U.P. Panchayat Raj Act, 1947. Versus Counsel for Petitioner(s) : Ashwani Kumar, Rajesh Kumar Dubey Counsel for Respondent(s) : Achal Singh, C.S.C. Pushpendra Patel .....Petitioner(s) State Of U.P. And 4 Others .....Respondent(s) 5. I have heard learned counsels for the parties and perused the record. 6. The Khatauni of plot no.295 shows that it is in respect of a bhumidhari land, over which earlier Gram Pradhan had constructed a road, which has been removed. The contention of learned counsel for the petitioner that the said road was constructed on the consent given by the tenure holders is not substantiated by any material evidence on record. 7. In view of the aforesaid, no direction can be issued in the present PIL for construction/restoration of road on bhumidhari land. 8. The present petition is disposed of with liberty to the petitioner to approach the appropriate authority for misappropriation of gaon sabha fund made by the earlier Gram Pradhan. May 18, 2026 Ashok Kr. WPIL No. 3777 of 2025 2 (Arun Kumar,J.) Digitally signed by :- ASHOK KUMAR High Court of Judicature at Allahabad