The main legal point established in the judgment is that the exercise of writ jurisdiction under Article 226 of the Constitution of India should not be used to determine administrative matters, and that public interest litigation should not be misused for extraneous and motivated purposes.

JUDGMENT :

1. Heard Mr. Chandra Prakash Tiwari, learned counsel for the petitioner, Mr. Shashwat Kishore Chaturvedi, learned counsel for respondent no.5 and Mr. Abhishek Shukla, learned Additional Chief Standing Counsel for the State-respondents and Mr. Deepak Gaur, learned counsel for respondent-Gram Sabha.

2. Petitioner has filed the instant petition in public interest stating that petitioner has no personal and private interest in the present matter and the result of the present litigation will not lead any undue gain to the petitioner and anyone associated with him, hence present public interest litigation be entertained.

3. Petitioner has pleaded in the petition that plot no.678 area 1.2060 hectare situated in Village-Bamauan, Tahsil-Tahrauli, District-Jhansi is reserved for public-abadi in revenue record. He further pleaded that plot no.678 is road side plot and valuable property of gaon sabha so few person of the locality including petitioner moved an application before Additional District Magistrate (Administration), Jhansi for construction of Community Health Centre over plot no.678 as the same is adjacent to road and tahsil campus accordingly, a letter was sent to Sub-Divisional Officer to provide land about two acre for construction of Community Health Centre, Tehrauli, accordingly, a report of Lekhpal was submitted on 2.9.2021 to the effect that land is fit for government scheme but husband of respondent no.5 in collusion of local political leader is adamant to use the reserve land to his own purpose by allotting the same for residential complex to his own persons, hence this writ petition before this for following reliefs:-

"i. Issue a writ, order or direction in the nature of writ of mandamus directing the respondent nos.2 & 3 to restrain the husband of respondent no.5 to not construct the shops over the plot no.678 area 1.2060 hectare situated in Village-Bamauan, Tahsil-Tahrauli, District-Jhansi recorded in revenue records as 'public abadi'.

ii. Issue a writ, order or direction in nature of mandamus directing the respondent nos.2 & 3 may be directed to use the plot in question for public purposes under Sections 59 & 60 of the U.P. Revenue Code, 2006.

iii. Issue any other writ, order or direction which this Hon'ble Court may deem fit and proper under the circumstances of the case.

iv. Award the cost to the petitioner."

4. This Court while entertaining the writ petition passed the following interim order dated 29.8.2022:-

"Sri Abhishek Shukla, learned Additional Chief Standing Counsel seeks two weeks' time to obtain instructions in the matter.

It is argued that the land in question was requested to be reserved for construction of Community Health Centre, Tahrauli, District Jhansi which requires two acres of land and in this regard the Additional District Magistrate had called for a report and report has also been submitted. The Commissioner, Jhansi Division, Jhansi has also asked the District Magistrate to proceed in the matter in accordance with law under its order dated 22.12.2021 upon an application being moved before him. However, it is submitted that nothing has progressed in the matter and the Gram Panchayat was set to raise construction.

List on 14.09.2022.

In the meanwhile further construction activities upon the land in question of the Gaon Sabha to utilize the land commercially shall not be continued."

5. The interim order dated 29.8.2022 was extended on 2.1.2023 and 23.1.2023.

6. In pursuance of the interim order dated 29.8.2022, respondent no.5, who is a gram pradhan and has been impleaded by name, hence she appeared through counsel and filed her counter affidavit along with stay vacation application. Petitioner has filed rejoinder affidavit also in reply to the counter affidavit of respondent no.5.

7. Mr. Abhishek Shukla, learned Additional Chief Standing Counsel has placed the instruction dated 17.9.2022 signed by Tahsildar, Up- Ziladhikari and District-Magistrate, Jhansi before the Court giving para wise reply o