Neutral Citation No. - 2025:AHC:132761 Court No. - 37 Case :- PUBLIC INTEREST LITIGATION (PIL) No. - 906 of 2025 Petitioner :- Sher Singh Respondent :- State Of U.P. And 8 Others Counsel for Petitioner :- Arvind Kumar Tiwari Counsel for Respondent :- Arun Kumar Pandey,C.S.C. Hon'ble Chandra Kumar Rai,J. 1. Supplementary affidavit filed on behalf of petitioner is taken on record. 2. Heard Mr. Ashok Kumar Tiwari, learned Counsel holding brief of Mr. Arvind Kumar Tiwari, learned counsel for the petitioner, Dr. Govind Kumar Saxena, learned Additional Chief Standing Counsel for the State- respondents and Mr. Arun Kumar Pandey, learned counsel for respondent no.7/ Land Management Committee. 3. Brief facts of the case are that plot no.89 area 0.3780 hectare situated in Village- Panchayat- Raipur Khadar, Pargana-Basta, Tahsil- Chandpur, District- Bijnor. Copy of the khatauni in respect to plot no.89 is annexed as Annexure No.1 to the instant public interest litigation. Hence this public interest litigation on behalf of the petitioner for the following reliefs: "i. issue a writ, order or direction in the nature of mandamus directing and commanding the respondent no.2 and 3 to removal demolition of illegal construction over the arazi no.89 area 0.3780 hectare Mauza, Jalalpur Khadar Block-Jalalpur, Pargana & Tahsil- Chandpur, District-Bijnor. ii. issue a writ, order directing the nature of mandamus directing the respondents authorities to necessary action has taken against the respondent nos.5 & 7 and decide the representation dated 15.4.2023 contained as (Annexure No.5) in accordance with law." 4. Learned counsel appearing on behalf of the petitioner submitted that initially resolution was passed for construction of water tank over plot no.212 area 1.392 hectare situated in Village- Raipur Khadar, Tahsil- Chandpur, District- Bijnor but subsequently another resolution has been passed for construction of water tank in plot no.89, which is wholly illegal. He further submitted that earlier resolution was passed in proper manner for construction of water tank in plot no.212, as such, the subsequent resolution passed by the land management committee is wholly illegal. He further submitted that plot no.212 is appropriate for construction of water tank, as such, subsequent resolution for construction of water tank in plot no.89 should be rejected. He further submitted that applications were filed before the authorities for stopping the construction of water tank in plot no.89 but authorities have not taken any steps in the matter, hence the instant public interest litigation has been filed to restrian the authorities to construct the water tank in plot no.89. 5. Dr. Govind Kumar Saxena, learned Additional Chief Standing Counsel for the State and Mr. Arun Kumar Pandey, learned counsel for respondent no.7/ Land Management Committee submitted that the construction of the water tank has already started in plot no.89 but due to interference of the villagers of the village, the same could not be completed. They further submitted that the resolution has been passed in proper manner for construction of water tank in the interest of the villagers of the village in question, as such, the instant public interest litigation at the instance of the petitioner cannot be entertained to stop the construction of the water tank. They further submitted that in pursuance of the Jal Jiwan Mission Scheme launched by the government the construction of water has started in the plot in question, as such, no interference is required in the matter. 6. I have considered the argument advanced by learned counsel for the parties and perused the records. 7. There is no dispute about the fact that plot no.89 is recorded as Class 6 (3) category plot in the revenue record. There is also no dispute about the fact that on the basis of subsequent resolution of the Land Management Committee construction of water tank has started in the plot no.89. 8. In view of the entry of the plot in question as well as the subsequent resolution passed by the Land Management Committee for construction of water tank, there is no illegality in the construction of water tank in the village. 9. No interference is required in the matter. 10. The instant public interest litigation is accordingly, dismissed. Order Date :- 6.8.2025 Rameez Digitally signed by :- RAMEEZ AHMED High Court of Judicature at Allahabad Digitally signed by :- RAMEEZ AHMED High Court of Judicature at Allahabad Digitally signed by :- RAMEEZ AHMED High Court of Judicature at Allahabad