Public interest litigation cannot be used to direct construction affecting private property rights without legal basis.

JUDGMENT :

(Chandra Kumar Rai, J.)

1. Heard Mr. Kailash Singh Yadav & Mr. Mahendra Kumar, learned counsel for the petitioner, Mr. Kamlesh Kumar Tiwari & Mr. Sanjay Kumar Upadhyay, learned counsel for the private respondent no.6 and Mr. Azad Rai, learned counsel for the respondent-Gaon Sabha.

2. Brief facts of the case are that village-Dibui, Gaon Sabha-Pach Patiya, Block-Bhadohi, District-Bhadohi is a small village and total population of the village is about 200. One primary school is also situated in the aforementioned village. Plot no.265 area 0.038 hectare, plot no.76 area 0.193 hectare and plot no.77 area 0.043 hectare situated in the aforementioned village are recorded as Nali-Class 6 -1 category plot in the revenue records. Petitioner along with other villagers of the village filed application before the authorities with the prayer that the villagers of the village be provided passage/ road for ingress and egress in the village in question but authorities have not considered the grievance / prayer of the petitioner hence this public interest litigation for the following reliefs:

"i. issue a writ, order or direction in the nature of mandamus commanding the respondent nos.2 & 3 to decide the representation dated 26.12.2013, moved by petitioner as well as other villagers before them.

ii. issue a writ order or direction in the nature of mandamus directing the respondent authorities to take necessary action for constructing the road from the village-Dibui Gaon Sabha Panch Patiya, Block Bhadohi, Tahsil & District-Bhadohi to other villages in view of the representation dated 26.12.2013 moved by petitioner as well as other villagers."

3. This Court vide order dated 13.10.2020 directed the learned Standing Counsel for the State-respondent to obtain instruction in the matter.

4. In compliance of the order of this Court dated 13.10.2020, learned Standing Counsel placed the instruction before this Court.

5. This Court vide order dated 21.10.2020 further directed the District-Magistrate Bhadohi to get the spot inspected and file his personal affidavit stating as to how the State proposes to provide road for ingress and egress to the residents of the village.

6. In compliance of the order dated 21.10.2020, personal affidavit dated 26.11.2020 was filed by District Magistrate, Bhadohi stating that in compliance of the order of this Court dated 21.10.2020 inquiry/ inspection was conducted by him along with other revenue authorities in which it has been found that abadi of village-Dibui is not connected with any road. It is further mentioned in the personal affidavit that part of the area of plot nos.76 & 77, which is recorded as Nali in the revenue records can be used for construction of road but bhumidhari plot nos.8, 9, 10 & 78 belonging to Ramesh Chandra Dubey shall not be affected by construction of road. The spot inspection report dated 10.11.2020, which is annexed along with the personal affidavit of District Magistrate, Bhadohi will be relevant for perusal which is as under:

7. On the impleadment application filed by Ramesh Chandra Dubey, this Court vide order dated 20.1.2021 directed for impleadment of Ramesh Chandra Dubey as respondent no.6 to the instant petition. This Court after hearing the learned counsel for respondent no.6 as well as learned State Counsel directed the District Magistrate to look into the feasibility of having a rasta on the land which the newly impleaded respondent no.6 desires to provide but personal bhumidhari land of respondent no.6 should not be touched, the District Magistrate was accordingly directed to submit a report in the matter.

8. In compliance of the order dated 20.1.2021, an affidavit dated 10.2.2021 has been filed by respondent no.2/ District Panchayat Raj Officer stating that enquiry/ inspection was conducted by the authorities and it has been found that in constructing the rasta in the village according to the proposal of respondent no.6/ Ramesh Chandra Dubey, the land of several tenure hol