Allahabad High Court
ANIL KUMAR AND ANOTHERversusSTATE OF U.P. AND 6 OTHERS
- Decided
- Bench
- ARUN KUMAR
Holding
No interference is warranted as the proposal is still under consideration and no material shows transfer of the public utility land to a private committee.
Summary
The petitioners sought a writ directing the State not to allow construction of a school managed by a private committee on public utility land in Village Bharpur Pichwar and to mandate that only a government junior high school be built there. They argued that under the Uttar Pradesh Matrabhoomi Yojna, any building constructed on such land must be transferred to the Basic Education Department, and that a private management proposal violates this scheme. The court examined the record and found that the proposal by respondent No.7 was still under consideration, with no evidence that the land had been handed over to a private committee. A letter from the Chief Development Officer indicated opposition to private management, citing the land's use as a playground. Consequently, the court held that there was no material basis for interim relief and declined to interfere, consigning the petition to the records.
Issues considered
- Whether the State should be restrained from permitting construction of a school managed by a private committee on public utility land.
- Whether a mandamus can be issued to compel the State to ensure only a government school is constructed on the land.
- Whether the petitioner's apprehension, without concrete material, suffices for interim relief.
- Whether any authority has acted contrary to the Government Order dated 12.11.2021.
Subjects
- public interest litigation
- education
- private management
- public utility land
- mandamus
- writ petition
- state government
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
PUBLIC INTEREST LITIGATION (PIL) No. - 2293 of 2026
Anil Kumar And Another
.....Petitioner(s)
Versus
State Of U.P. And 6 Others
.....Respondent(s)
Counsel for Petitioner(s) : Saurabh Kumar Pandey
Counsel for Respondent(s) : C.S.C., Rameshwar Prasad Shukla
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
WPIL No. 2293 of 2026
2
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.
(Arun Kumar,J.)
September 24, 2026
Anil
Digitally signed by :-
ANIL KUMAR PATEL
High Court of Judicature at Allahabad
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