Court No. - 50 Case :- PUBLIC INTEREST LITIGATION (PIL) No. - 14 of 2025 Petitioner :- Amit Kumar Gautam Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Manoj Kumar,Monu Singh Counsel for Respondent :- Azad Rai,C.S.C. Hon'ble Chandra Kumar Rai,J. 1. Supplementary affidavit filed on behalf of the petitioner is taken on record. 2. Heard Sri Manoj Kumar, learned counsel for the petitioner, Sri Nand Lal Maurya, learned standing counsel for the state- respondents and Sri Azad Rai, learned counsel for the respondent-gaon sabha. 3. The instant P.I.L. has been filed for the following relief:- "Issue a writ, order or direction in the nature of mandamus, directing the respondents to ensure the removal of illegal encroachment from gaon sabha land bearing arazi no.35da, area 1.5530 hect. (old no.1095, area 9 bigha 5 biswa 13 dhoor), situated in village Mahjana, Pargana Kewai, Tehsil Hanadia, District Prayagraj in accordance with law, in public interest." 4. Counsel for the petitioner submitted that the plot in question is recorded as pond, as such, appropriate direction be issued to the authorities for removal of encroachment from plot no.35(da). 5. Learned standing counsel and the counsel for the gaon sabha submitted that the khtauni annexed along with the supplementary affidavit dated 13.2.2025, demonstrates that the plot in question is recorded in the name of the tenure holders, not as pond, as such, the instant P.I.L. cannot be entertained in view of the entry of the plot in question. 6. In view of the entry of the plot in question in the khtauni of 1426-1431 fasli, which is annexed along with the supplementary affidavit dated 13.2.2025, the instant P.I.L. for removal of encroachment cannot be entertained. 7. The instant P.I.L. is accordingly dismissed. Order Date :- 13.2.2025 C.Prakash Digitally signed by :- CHANDRA PRAKASH High Court of Judicature at Allahabad