Neutral Citation No. - 2025:AHC:35156 Court No. - 50 Case :- PUBLIC INTEREST LITIGATION (PIL) No. - 519 of 2025 Petitioner :- Santram Yadav Respondent :- State Of U.P. And 5 Others Counsel for Petitioner :- Amit Kumar Verma Counsel for Respondent :- C.S.C.,Pankaj Kumar Gupta Hon'ble Chandra Kumar Rai,J. 1.Instruction dated 08.03.2025 sent by Tehsildar, Basti is taken on record. 2. Heard Mr. Amit Kumar Verma, learned counsel for the petitioner, Mr. Hari Mohan Srivastava, learned Additional Chief Standing Counsel for the State-respondents and Mr. Pankaj Kumar Gupta, learned counsel for the gaon sabha. 3.The instant public interest litigation has been filed for the following relief: "(i). Issue a writ, order or direction in the nature of mandamus commanding the Respondents nos. 2 to 4 to take appropriate legal action against the Respondent No.5 and 6, involved in the illegal encroachment over the public utility land/ Nala consisting of Arazi/ Gata No.1151 area 0.1420 Hectare situated in village- Narkhoria, Tappa-Adampur, Pargana Rasoolpur, Tehsil- Bhanpur, District-Basti which has been recorded in the revenue record as Barren land and to restore the Drain/ Nala flowing from the said land in its original shape by removing the illegal construction. (ii) issue a writ, order or direction in the nature of mandamus commanding the Respondent No.3 to decide the representations dated 21.12.2024 (Annexure No.3 to this P.I.L. petition) by passing a reasoned and speaking order, within the time frame as fixed by this Hon'ble High Court after providing opportunity of hearing to the petitioner." 4. Learned counsel for the petitioner submitted that plot in question recorded as Banjar (class 5-3ka category plot) in revenue records and in part of the area of plot in question, Nala was existing, but private respondents have encroached the plot in question, as such proper action be taken against the private respondents. 5. Mr. Hari Mohan Srivastava, learned Additional Chief Standing Counsel for the State-respondents on the basis of the instruction submitted that plot No.1151 area 0.142 hectare is recorded as banjar in the revenue record. He further submitted that team constituted for inspection of the plot in question has found in the spot inspection that there is no encroachment over plot No.1151 which is recorded as banjar. He further submitted that instant public interest litigation at the instance of the petitioner cannot be entertained as petitioner is interested to change the nature of plot in question. 6. I have considered the arguments advanced by the learned counsel for the parties and perused the record. 7. There is no disputes about the fact that plot in question is recorded as banjar (Class-5-3-ka category plot) in the revenue record. 8. Instruction dated 08.03.2025 fully demonstrate that no encroachment has been found over the plot in question and plot in question is not recorded as Nala in the revenue record, as such prayer made in the instant public interest litigation cannot granted. 9. Considering the entire facts and circumstances of the case, the instant public interest litigation is dismissed. Order Date :- 10.3.2025 PS* Digitally signed by :- PRITI SHARMA High Court of Judicature at Allahabad