HIGH COURT OF JUDICATURE AT ALLAHABAD PUBLIC INTEREST LITIGATION (PIL) No. - 3908 of 2025 Court No. - 55 HON'BLE ARUN KUMAR, J. 1. Heard Sri Subedar Mishra, learned counsel for the petitioner, learned Standing Counsel for the respondent nos. 1 to 6 and Sri Rajendra Kumar, holding brief of Sri Avinash Chandra Srivastava, learned counsel for the respondent no.7. 2. The present writ petition has been filed seeking a direction to the respondent nos.3 and 4 to reopen and restore the irrigation drain in Plot No.770, situated in Village Uspar, Tehsil and District Mathura. 3. In pursuance of the previous direction of this Court, learned Standing Counsel has placed before the Court the instructions dated 24.12.2025 sent by Deputy Director of Consolidation, Mathura, which is taken on record. 4. Perusal of the aforesaid instructions shows that an irrigation drain was carved out during the consolidation proceedings over new Plot No.770, which lay adjacent to Plot No.771 belonging to one Ramswaroop. As the aforesaid plot was surrounded by chakmarg from one side and drain from three sides, the drain in Plot No.770 was abolished by the order dated 2.9.2024 passed in Revision No.716. Subsequently, a non party to the said revision filed an application for recalling of the said order, which was rejected by the order of the Deputy Director of Consolidation dated 16.7.2024, which has attained finality. It is further stated that Kulawa (Pipe No.2) of the Irrigation Department connects with Plot No.770 is not correct, as the drain in Plot No.770 lay between Pipe No.2 and Pipe No.5. Versus Counsel for Petitioner(s) : Subedar Mishra Counsel for Respondent(s) : Avinash Chandra Srivastava, C.S.C. Vinod Kumar .....Petitioner(s) State Of U.P. And 6 Others .....Respondent(s) It has been further stated that even after the abolition of the drain of Plot No.770, drain in Plot No.772 in front of Pipe No.5 and drain in Plot No.761 in front of Pipe No.2 still exists for supply of water to the villagers of Village Mukundpur. It has been further stated that irrigation drain existing in plot nos.761 and 762 in Village Uspar is also in working condition for irrigation facilities of Village Mukundpur through Pipe No.5. By abolition of public drain from Plot No.770, villagers of Village Mukundpur are not adversely affected. 5. A supplementary affidavit has been filed by the petitioner today in Court, which is taken on record. It is stated that the irrigation channel/drain existing in Plot No.770 is closed since 2008. One Ramkali had moved an application for restoration of the said drain, which was rejected by the order dated 16.7.2024 by the Deputy Director of Consolidation, which was not challenged by her. The perusal of the averments made in paragraph nos.24 to 27 of the writ petition shows that some villagers had filed applications before the consolidation authorities for restoration of the drain, which has been rejected. 6. In the absence of any challenge to the orders passed by the consolidation authorities abolishing the public drain before the competent court, no direction can be issued by this Court in public interest litigation to create a drain. In absence of any cogent material to show that the villagers of Village Mukundpur at large are being adversely affected, no interference is warranted. In view of the instructions sent by the Deputy Director of Consolidation, Mathura, no further direction is required to be issued by this Court in the present petition. 7. The writ petition being devoid of merit is, accordingly, dismissed. May 7, 2026 Anil WPIL No. 3908 of 2025 2 (Arun Kumar,J.) Digitally signed by :- ANIL KUMAR PATEL High Court of Judicature at Allahabad