HIGH COURT OF JUDICATURE AT ALLAHABAD PUBLIC INTEREST LITIGATION (PIL) No. - 2081 of 2026 Chief Justice's Court HON'BLE ARUN BHANSALI, CHIEF JUSTICE HON'BLE KSHITIJ SHAILENDRA, J. 1. This petition, purportedly in pubic interest, has been filed by the petitioner seeking a direction to the respondents not to demolish, damage and occupy Daswasthal and its boundary situated at Gata No. 786, Village Puranpur Dehat, Tehsil Puranpur, District Pilibhit. Further direction has been sought seeking inquiry about the illegal demolition and encroachment being made by the respondents. 2. Submissions have been made that the land in question is being used as Daswasthal and a Samadhi also exists over the land in question, wherein now the respondent-Jal Nigam is seeking to raise some construction by demolishing the wall and, therefore, the respondents be restrained from undertaking the said exercise. 3. Instructions have been produced by the Jal Nigam inter alia indicating that for the purpose of providing drinking water to the general public of Nagar Palika Parishad, Puranpur, a overhead tank along with tube-well and pump house are being constructed, for which a contract for a sum of Rs.1300.42 lakh has been granted. The overhead tank has already been constructed along with tube well, which was completed in the year 2024 and presently for the purpose of operating the tube well, a pump house in an area admeasuring 6 x 6 mtrs. is being constructed. 4. Further indications have been made that any construction raised at the Daswasthal is not being demolished and that the construction is being Versus Counsel for Petitioner(s) : Man Mohan Singh, Vipul Dube Counsel for Respondent(s) : Vimlesh Kumar Rai, Brajesh Pratap Singh, C.S.C., Sher Bahadur Singh, Suresh Singh Mahendra Mishra .....Petitioner(s) State of U.P. and 6 others .....Respondent(s) undertaken for the use of general public, for which at the relevant time, one Mr. Raju Acharya, resident of Puranpur, who was looking after the Daswasthal committee, had granted consent. 5. Counsel for the petitioner made vehement submissions that unless the land in question is allotted to the Jal Nigam, the Jal Nigam is not entitled to raise construction and the construction essentially is illegal, however, it is not denied that the overhead tank stands constructed and the exercise by the Jal Nigam essentially is for the purpose of making the said overhead tank operational for the general public. 6. The land in question is being used as Daswasthal for performance of rituals by the family members on the tenth day of any death in the family, which essentially is a public use. The construction of overhead tank and its related facilities are also for the welfare of the general public only. The officers of the Jal Nigam are not going to gain anything personal out of the said construction. 7. In that view of the matter, irrespective of the plea sought to be raised in the present petition, we do not find any public interest involved in the present petition in seeking to stop the Jal Nigam from raising construction for providing drinking water to the general public. 8. It is, however, observed that once in the instructions, it has been indicated that the pump house is being constructed in an area of 6 x 6 mtrs, there is no reason to disbelieve the said indications made that the Jal Nigam, besides the said construction, is not raising any further construction. 9. The petition has no substance and the same is, therefore, dismissed. September 30, 2026 P.Sri./Sazia WPIL No. 2081 of 2026 2 (Kshitij Shailendra,J.) (Arun Bhansali,CJ.) Digitally signed by :- PUNEET SRIVASTAVA High Court of Judicature at Allahabad