Allahabad High Court
Alidaraj vs State Of U.P. And 4 Others on 17 October, 2025
HIGH COURT OF JUDICATURE AT ALLAHABAD
Neutral Citation No. - 2025:AHC:187191
HIGH COURT OF JUDICATURE AT ALLAHABAD
PUBLIC INTEREST LITIGATION (PIL) No. - 3242 of 2025
Alidaraj
.....Petitioner(s)
Versus
State Of U.P. And 4 Others
.....Respondent(s)
Counsel for Petitioner(s)
:
Sanjeev Kumar Pandey
Counsel for Respondent(s)
:
C.S.C., Krishna Kant Singh
Court No. - 55
HON'BLE CHANDRA KUMAR RAI, J.
1. Heard Mr. Sanjeev Kumar Pandeylearned counsel for the petitioner, learned Standing Counsel for the State and Mr.Krishna Kant Singh, learned counsel for the Gaon Sabha.
2.The instant P.I.L. has been filed for the following relief:\ "i. A writ order or direction in the nature of Certiorari for quashing the impugned order dated 28.01.2021 (Annexure-1) passed by the Upziladhikari, Etah in @ase No.02/2016, U/s 229-B U.P.Z.A. & L.R. Act, Noorbano Vs. State of U.P. and another."
3. Learned counsel for the petitioner submitted that in respect to the public utility land, the suit under Section 229-B of U.P. Zamindari Abolition and Land Reforms Act (hereinafter referred to as the U.P.Z.A. & L.R. Act) has been field by private respondents and same has been decreed in collusion of Gaon Sabha and State. He submitted that no appeal has been field by State and Gaon Sabha, as such in order to protect the property of the gaon sabha, the instant public interest litigation should be entertained. He submitted that judgment and decree passed under Section 229-B of U.P.Z.A. & L.R. Act should be set aside.
4. I have considered the arguments advanced by the learned cousnel for the petitioner and perused the record.
5. There is no dispute about the fact that suit under Section 229-B of U.P.Z.A. & L.R. Act impleading the state and gaon sabha has been decreed by trial court vide judgment and decree dated 28.01.2021.
6. It is material to mention that suit under Section 229-B of U.P.Z.A. filed in the year 2016 impleading the State and Gaon Sabha has been decreed after framing issues and given parties to lead evidence in accordance with law. Gaon Sabha/State has not filed any appeal challenging the judgment and decree passed by the trial court, as such the public interest litigation cannot be entertained to setaside the judgment and the decree passed under Section 229-B of U.P.Z.A.&L.R. Act.
7. Procedure prescribed under the law for filing suit, appeal and revision should be followed in that very manner rather public interest litigation for setting aside the judgment & decree passed under section-229-B of U.P.Z.A.&L.R. Act.
8. Considering the entire facts and circumstances of the case, no interference is required in the matter. 9. The public interest litigation is dismissed accordingly.
(Chandra Kumar Rai,J.) October 17, 2025 PS*