Neutral Citation No. - 2025:AHC:142459-DB Court No. - 21 Case :- PUBLIC INTEREST LITIGATION (PIL) No. - 2309 of 2025 Petitioner :- Hari Ram Yadav And 6 Others Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Awadhesh Kumar Yadav Counsel for Respondent :- Ashok Kumar Tiwari,C.S.C. Hon'ble Manoj Kumar Gupta,J. Hon'ble Ram Manohar Narayan Mishra,J. 1. The following prayer has been made in the writ petition:- "(i) Issue a writ, order or direction in the nature of mandamus commanding and directing the respondent no.2 to 4 to restrain the respondent no.5 from making illegal encroachment, construction and possession over the public utility land of Gata No. 212 area 0.0160 Hectare, Gata No. 214 area 0.0280 Hectare recorded as Khalihan and Gata No. 213 area 0.0040 Hectare and Gata No. 215 area 0.0040 Hectare recorded as Khad Gaddha situated in Village Mahadeva Bujurg, Pargana Haveli, Tehsil Pharenda, District Maharajganj." 2. Sri Ashok Kumar Tiwari, advocate, appearing on behalf of respondent no. 5, has raised preliminary objection to the maintainability of the writ petition on the ground that the petitioners have personal interest in the subject matter of dispute as they were in illegal possession of the same. When the Nagar Panchayat constructed wall to secure the land, a civil suit bearing No. 448 of 2025 was got instituted by the petitioners through Umakant, Ramesh Chandra and Ramakant son of Somai, wherein, apart from Nagar Panchayat, mother of the petitioner no. 5 is proforma defendant- second set. In para-4 of the plaint, it is stated that on the eastern side lies the land of the plaintiffs and defendant-second set (Gata No. 218 area 0.092 hectare) and over which, they are carrying on agricultural activities. The suit is for injunction against the Nagar Panchayat. It is submitted that the said important fact has been concealed by the petitioners while filing the writ petition. 3. Sri Tiwari has also placed on record the written instructions and copy of the plaint and various photographs and has contended that infact, the petitioners, in collusion with the plaintiffs of the suit, have been filing cases before different courts to defeat the effort of Nagar Panchayat to dispossess the illegal occupants. It is admitted that the subject land is recorded as Khalihan and manure pit but as noted, the stand taken is that the Nagar Panchayat, in order to secure the land, has constructed a boundary wall over it and it is on account of the said reason that petitioners got the suit instituted against the Nagar Panchayat and now present PIL has been filed. 4. Learned counsel for the petitioners could not dispute that the civil suit, aforesaid, is also for the benefit of the proforma defendant- second set, who is mother of petitioner no. 5, herein. 5. There is absolutely no disclosure of the aforesaid suit in the PIL. We find considerable force in the submission of learned counsel for respondent no. 5 that the instant petition has been filed to gain personal benefit and obstruct the effort of Nagar Panchayat to secure its land. 6. As material fact has been concealed, therefore, the instant petition is dismissed. (R.M.N. Mishra, J.) (Manoj Kumar Gupta, J.) Order Date :- 20.8.2025 Dhirendra/ WPIL No. 2309 of 2025 2 Digitally signed by :- DHIRENDRA KUMAR High Court of Judicature at Allahabad