Allahabad High Court

VINOD KUMARversusSTATE OF U.P. AND 6 OTHERS

Decided: 6 May 2026
Bench: ARUN KUMAR

Holding

In the absence of a challenge to the consolidation authority’s order and lacking proof of adverse impact on the village, the Court cannot direct restoration of the drain and dismisses the petition.

Summary

Petitioner Vinod Kumar filed a public interest litigation seeking a court order directing the State of Uttar Pradesh and other respondents to reopen and restore an irrigation drain in Plot No.770, Mathura. The drain had been abolished by a revision order dated 2 September 2024, and a subsequent application to recall that order was rejected by the Deputy Director of Consolidation on 16 July 2024, a decision that attained finality. The petitioner alleged that the abolition adversely affected the villagers of Mukundpur and cited earlier applications for restoration that were denied. The Court examined whether it could intervene in the absence of any challenge to the consolidation authority’s order and without cogent evidence of widespread hardship to the villagers. Finding no such challenge or material showing adverse impact, the Court held that it could not issue a direction to create or restore the drain. Consequently, the petition was dismissed as devoid of merit.

Issues considered

Whether the High Court can direct the restoration of an irrigation drain when the administrative order abolishing it has not been challenged before a competent court.
Whether the alleged inconvenience to a few villagers constitutes sufficient public interest to warrant judicial intervention.

Subjects

public interest litigation
irrigation drain
consolidation authority
administrative law
non-justiciability
environmental relief

Judgment

HIGH COURT OF JUDICATURE AT ALLAHABAD
PUBLIC INTEREST LITIGATION (PIL) No. - 3908 of 2025

Vinod Kumar
.....Petitioner(s)
Versus

State Of U.P. And 6 Others
.....Respondent(s)

Counsel for Petitioner(s) : Subedar Mishra
Counsel for Respondent(s) : Avinash Chandra Srivastava, C.S.C.

Court No. - 55
HON'BLE ARUN KUMAR, J.

1. Heard Sri Subedar Mishra, learned counsel for the petitioner, learned
Standing Counsel for the respondent nos. 1 to 6 and Sri Rajendra Kumar,
holding brief of Sri Avinash Chandra Srivastava, learned counsel for the
respondent no.7.

2. The present writ petition has been filed seeking a direction to the
respondent nos.3 and 4 to reopen and restore the irrigation drain in Plot
No.770, situated in Village Uspar, Tehsil and District Mathura.

3. In pursuance of the previous direction of this Court, learned Standing
Counsel has placed before the Court the instructions dated 24.12.2025
sent by Deputy Director of Consolidation, Mathura, which is taken on
record.

4. Perusal of the aforesaid instructions shows that an irrigation drain was
carved out during the consolidation proceedings over new Plot No.770,
which lay adjacent to Plot No.771 belonging to one Ramswaroop. As the
aforesaid plot was surrounded by chakmarg from one side and drain from
three sides, the drain in Plot No.770 was abolished by the order dated
2.9.2024 passed in Revision No.716. Subsequently, a non party to the said
revision filed an application for recalling of the said order, which was
rejected by the order of the Deputy Director of Consolidation dated
16.7.2024, which has attained finality. It is further stated that Kulawa
(Pipe No.2) of the Irrigation Department connects with Plot No.770 is not
correct, as the drain in Plot No.770 lay between Pipe No.2 and Pipe No.5.
WPIL No. 3908 of 2025
2

It has been further stated that even after the abolition of the drain of Plot
No.770, drain in Plot No.772 in front of Pipe No.5 and drain in Plot
No.761 in front of Pipe No.2 still exists for supply of water to the
villagers of Village Mukundpur. It has been further stated that irrigation
drain existing in plot nos.761 and 762 in Village Uspar is also in working
condition for irrigation facilities of Village Mukundpur through Pipe
No.5. By abolition of public drain from Plot No.770, villagers of Village
Mukundpur are not adversely affected.

5. A supplementary affidavit has been filed by the petitioner today in
Court, which is taken on record. It is stated that the irrigation
channel/drain existing in Plot No.770 is closed since 2008. One Ramkali
had moved an application for restoration of the said drain, which was
rejected by the order dated 16.7.2024 by the Deputy Director of
Consolidation, which was not challenged by her. The perusal of the
averments made in paragraph nos.24 to 27 of the writ petition shows that
some villagers had filed applications before the consolidation authorities
for restoration of the drain, which has been rejected.

6. In the absence of any challenge to the orders passed by the
consolidation authorities abolishing the public drain before the competent
court, no direction can be issued by this Court in public interest litigation
to create a drain. In absence of any cogent material to show that the
villagers of Village Mukundpur at large are being adversely affected, no
interference is warranted. In view of the instructions sent by the Deputy
Director of Consolidation, Mathura, no further direction is required to be
issued by this Court in the present petition.

7. The writ petition being devoid of merit is, accordingly, dismissed.

(Arun Kumar,J.)
May 7, 2026
Anil

Digitally signed by :-
ANIL KUMAR PATEL
High Court of Judicature at Allahabad

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