Neutral Citation No. - 2025:AHC:136591-DB Chief Justice's Court Case :- PUBLIC INTEREST LITIGATION (PIL) No. - 1636 of 2025 Petitioner :- Sanjay Kumar (Parshad Pratinidhi) and another Respondent :- State of U.P. and 4 others Counsel for Petitioner :- Vishesh Rajvanshi, Ajay Kumar Counsel for Respondent :- Vivek Saran, Rajiv Singh (S.C.), Harshit Pandey, Manoj Kumar Singh Hon'ble Arun Bhansali,Chief Justice Hon'ble Kshitij Shailendra,J. 1. This petition, purportedly in public interest, has been filed by the petitioners seeking a direction to respondents no. 3, 4 and 5 to take appropriate action for restarting the development and beautification work of the public toilet situated at Ward No. 55, Azad Market, Teliyarganj, Lucknow Main Road, Prayagraj. 2. Submissions have been made that toilet was existing for a very long time, however, during the Mahakumbh, on account of the beautification drive, the said toilet was demolished and now, despite repeated representations made in this regard, the toilet is not being reconstructed and, therefore, the respondents be directed to reconstruct the toilet. 3. An affidavit has been filed on behalf of respondents no. 4 and 5, inter alia, indicating that the land in question is owned by Awas Vikas Parishad, the toilet was constructed by Nagar Nigam and despite repeated representations made in this regard to the Nagar Nigam to vacate the land in question, which is a commercial plot, the same was not done and now once during the beautification drive for Mahakumbh, the toilet, which was in dilapidated condition, has been demolished, the land in question is in the possession of the Awas Vikas Parishad, which is intending to use it as a commercial plot and auction the same. Indications have been made that area in question is about 280.50 square meters and is having a market value of about Rs. 2.28 crores. Further indications have been made that around the area in question, there are three toilets/toilet complexes and, therefore, the indications made in the petition seeking a direction for constriction of a toilet cannot be countenanced. 4. Counsel for the petitioners attempted to make submissions that the action of respondents is not justified inasmuch as for about forty years, a toilet was functioning at the spot and now, despite various representations made in this regard, land is now sought to be used as a commercial plot and not for the purpose of toilet, which is required in the area. 5. Having considered the submissions made by learned counsel for the parties and the documents produced along with the affidavit filed, it is apparent that land in question is owned by Awas Vikas Parishad and merely because the same was being used as a toilet and was being maintained by the Nagar Nigam, the petitioners cannot seek a mandamus that the area/land in question would continue to be used as a public toilet. Once the plot in question has been earmarked as a commercial plot and around the area, requisite facilities are available, we don't find any public interest involved in the petition, so as to interfere with the action of the respondents. 6. In view of above, there is no substance in the petition. The same is, therefore, dismissed. Order Date :- 12.8.2025 P.Sri./Sazia (Kshitij Shailendra, J) (Arun Bhansali, CJ) Digitally signed by :- PUNEET SRIVASTAVA High Court of Judicature at Allahabad