Neutral Citation No. - 2025:AHC:122268 Court No. - 49 Case :- PUBLIC INTEREST LITIGATION (PIL) No. - 1927 of 2025 Petitioner :- Mahendra Prasad Respondent :- State Of U.P. And 7 Others Counsel for Petitioner :- Lal Vijay Singh,R. A. Ram Counsel for Respondent :- C.S.C.,Rameshwar Prasad Shukla Hon'ble Kshitij Shailendra,J. 1. Heard learned counsel for the petitioner, learned Standing Counsel for the respondent nos. 1, 2 and 3 and Shri Prem Bahadur Singh, holding brief of Shri Rameshwar Prasad Shukla, learned counsel for the respondent no. 4. 2. This petition in the nature of public interest has been filed with a prayer to issue a direction to the respondent nos. 2 and 3 to remove the encroachment over Gata No. 290-Ka, area 0.688 hectare, situated at Pawai Jaldipur, Tehsil Phoolpur, District Azamgarh. 3. The allegation is that though the aforesaid Gata is recorded as pond in the revenue records, private respondents are making encroachments thereon. 4. Learned Standing Counsel has placed instructions before this Court as obtained from Sub-Divisional Magistrate, Phoolpur, Azamgarh. The instructions are taken on record and the same reveal that an inquiry was conducted by the revenue team constituted for the said purpose and it was found that the aforesaid land was lying vacant in the shape of drain for the purposes of discharge/ flow of water. It is further stated that the same was got cleaned by the village Pradhan and no encroachments have been made thereon. The inquiry report as well as photographs are annexed to the instructions. 5. In view of the above, the dispute being of factual nature has been examined by conducting spot inspection/ inquiry. 6. The Court does not find any error in the action taken by the respondents and since no encroachment has been found, no direction can be issued, as prayed for. 7. The petition is, accordingly, disposed of with an observation that the respondents shall make all endeavour to ensure that the land used as pond/ drain, remains unaffected by any encroachment activity by any person. Order Date :- 25.7.2025 AKShukla/- Digitally signed by :- ANIL KUMAR SHUKLA High Court of Judicature at Allahabad