Neutral Citation No. - 2025:AHC:86180 Court No. - 49 Case :- PUBLIC INTEREST LITIGATION (PIL) No. - 1008 of 2025 Petitioner :- Vinay Kumar Yadav Respondent :- State Of U.P. And 5 Others Counsel for Petitioner :- Alauddin,Fakhruddin Counsel for Respondent :- C.S.C.,Pankaj Kumar Gupta Hon'ble J.J. Munir,J. 1. A certified copy of the injunction order absolute dated 08.05.2001 passed by the learned Civil Judge (Senior Division), Siddharth Nagar has been filed in Court today, unfortunately without an affidavit. The Court exempts the requirement of filing an affidavit. This is a certified copy and, therefore, it is taken on record. In addition, a certified copy of the order passed by the District Judge, Siddharth Nagar dated 31.05.2021 in Civil Misc. Appeal No.50 of 2001 has also been filed, again without an affidavit. The said certified copy is also taken on record. 2. This writ petition has been filed with a prayer that a mandamus be issued to the respondents commanding them to remove unauthorized encroachment made by respondent no. 6 over a path in Village Sonakhar, Tappa Kudaran, Tehsil Bansi, District Siddharth Nagar. 3. Learned Counsel for the petitioner has brought on record a temporary injunction order passed in O.S. No. 40 of 2001 between one Kashi Prasad and two others and Arjun and six others. It seems that it was a suit for injunction, where a temporary injunction was granted against the defendants and in favour of the plaintiffs, restraining the defendants pending suit from interfering with the plaintiffs' possession in their house, sahan or something called a 'dhari', their trees or their user of the suit property; and above all, or forbidding the defendants from establishing a rasta (way) in the suit property. This order was set aside in appeal by the learned District Judge vide order dated 31.05.2001, against which a writ petition was brought by the plaintiffs before this Court being Writ- C No. 30478 of 2001. In the writ petition pending suit, this Court directed parties to maintain status quo. The suit was expedited and directed to be decided within one year. The petitioner says that the suit is still pending. 4. The question here is that whatever the petitioner says, is about a private cause of action involved in a suit inter partes. There is no public right or public interest involved in whatever is the subject matter of the suit. Dehors the cause of action that is involved in the suit last mentioned, the petitioner, as a native of the village, seems to be aggrieved by the fact that respondent no. 6 is blocking a path in the village of which he has annexed photographs. If a way or a path is a public road or pathway, no doubt, there is an element of public interest, which ought be protected. Upon the Court asking the petitioner, if the photographs of the way, that he has annexed at page no. 23 of the paper book, is a recorded public way/road/chakmarg etc., he answers in the negative. He says that this land is recorded as abadi. The khasra number of this land too has not been given, in the absence of which, it is difficulties to ascertain the nature of the land. But, so far as the petitioner goes, he acknowledges the fact that it is abadi. In paragraph no. 5 of this petition, the allegation is that respondent no. 6 is the encroacher in the abadi. On these facts, it is difficult to hold that what the petitioner says, has been blocked by respondent no. 6, is a public pathway. 5. At the same time, we are mindful of the fact that there are some pathways within the village abadi that come up by user. If that is the case, it is difficult for this Court to go into the question in exercise of our writ jurisdiction under Article 226 of the Constitution. If the petitioner feels that what is being blocked by the respondents is an established public way or rasta within the abadi, it is open to him to institute a suit for the purpose, may be invoking the provisions of Order I Rule 8 of Code of Civil Procedure. 6. Subject to above remarks, this petition is dismissed. No costs. Order Date :- 21.5.2025 Deepak Digitally signed by :- DEEPAK KUMAR PANDEY High Court of Judicature at Allahabad