HIGH COURT OF JUDICATURE AT ALLAHABAD PUBLIC INTEREST LITIGATION (PIL) No. - 2293 of 2026 Court No. - 51 HON'BLE ARUN KUMAR, J. 1. Heard Sri Saurabh Kumar Pandey, learned counsel for the petitioners and learned Standing Counsel for the respondents State. Sri Rameshwar Prasad Shukla has accepted notice on behalf of Gaon Sabha. 2. The present writ petition has been filed seeking following reliefs:- "I. Issue a Writ, Order or direction in the the State Respondents not to permit construction of any school governed by private committee of management on Plot No.158 area 0.3540 hectare situated in Village Bharpur Pichwar, Tehsil Lalganj, District Azamgarh. II. Issue a Writ, Order or direction in the nature of mandamus upon the State Respondents to assure only Government Junior Highschool to be permitted to construct over Plot No. 158 area 0.3540 hectare situated in Village Bharpur Pichwar, Tehsil Lalganj, District Azamgarh, after following all due procedure of law." 3. It is contended by learned counsel for the petitioners that under the Uttar Pradesh Matrabhoomi Yojna, the State Government has proposed to accept donation in the form of constructed building for running school over public utility land earmarked for that purpose in a village. Under the said scheme, the respondent no.7 has made an application to construct a Junior High School in the name of Maa Saraswati Balika Junior High School. It is contended that under the said scheme, after construction of building, the entire property has to be transferred in favour of Basic Education Department, Uttar Pradesh. However, the letter filed by respondent no.7, a categorical averment has been made that for better Versus Counsel for Petitioner(s) : Saurabh Kumar Pandey Counsel for Respondent(s) : C.S.C., Rameshwar Prasad Shukla Anil Kumar And Another .....Petitioner(s) State Of U.P. And 6 Others .....Respondent(s) management of the institution, the school shall be managed by a private Committee of Management, therefore, a direction may be issued to the respondents not to accept the proposal, and if any permission is granted, an undertaking may be obtained that the entire property shall be transferred in favour of Basic Education Department or an institution run by the Government should only be permitted on the plot in question. 4. Having considered the submissions made by learned counsel for the petitioners and after perusing the record, it is evident that the proposal of the respondent no.7 is still under consideration. There is nothing on record to show that despite a letter of the respondent no.7 that the building in which proposed institution is going to be managed by the private Committee of Management, his claim has been accepted. The letter of the Chief Development Officer, Azamgarh dated 8.6.2026 filed as Annexure- 7 to the writ petition records that the Land Management Committee is opposing the institution run by private management, as the plot in question is being used by the children of the village as Playground. There is nothing on record to show that the District Authorities and the Education Department has taken any decision contrary to the Government Order dated 12.11.2021. The present petition has been filed only on the apprehension in the mind of the petitioners and not on the basis of any material on record, which shows that the public utility land of Village Bharpur Pichhwar, Block Tarwa, District Azamgarh is being handed over to a private Committee of Management or the respondent no.7. 5. In the aforesaid circumstances, no interference is warranted by this Court, at this stage, with the proposal of respondent no.7, as the authorities are still in consideration of the proposal and are expected to act, in accordance with law and the scheme framed by the State Government. 6. The writ petition is, accordingly, consigned to records. September 24, 2026 Anil WPIL No. 2293 of 2026 2 (Arun Kumar,J.) Digitally signed by :- ANIL KUMAR PATEL High Court of Judicature at Allahabad