HIGH COURT OF JUDICATURE AT ALLAHABAD PUBLIC INTEREST LITIGATION (PIL) No. - 3022 of 2025 Court No. - 55 HON'BLE CHANDRA KUMAR RAI, J. 1. Supplementary counter affidavit and instruction filed today are taken on record. 2. Heard learned cousnel for the petitioner, Mr. Rajesh Kumar Tiwari, learned Additional Chief Standing Counsel for the State- respondents, Mr. Azad Rai, learned counsel for respondent No.5- Land Management Committee and Mr. Pramod Kumar Srivastava, learned counsel for respondent No.6. 3. The instant matter has been filed for the following relief: "i. Issue a writ, order or direction in the nature of mandamus commanding the respondent Nos.3 and 4 to remove/vacate the illegal encroachment from Arazi No.128 mi measuring area 0.0388 of Gram Sabha recorded as 'Usar' situated in Village- Sonauli Umarpur, Pargana Karari Tehsil-Manjhanpur, District- Kaushambi." 4. Learned counsel for the petitioner submitted that plot No.128 mi measuring area 0.388 hectare of village Sonauli Uparhar, Tehsil- Manjhanpur, District-Kaushambi which is recorded as Usar in the revenue record, has been encroached by the respondent No.6. He further submitted that petitioner has filed a complaint dated 05.04.2025 for removing illegal encroachment, but encroachment has not been removed. Versus Counsel for Petitioner(s) : Abhiuday Mehrotra, Alok Singh, Rajkapoor Upadhyay Counsel for Respondent(s) : Azad Rai, C.S.C. Ram Sevak .....Petitioner(s) State Of U.P. And 5 Others .....Respondent(s) 5. Learned Counsel for respondent No.6 submitted that on the basis of compliant, proceeding under Section 67 of U.P. Revenue Code, 2006 has been initiated against the respondent No.6. and respondent No.6 has been filed his objection in the proceeding before the Tehsildar, which is pending. He placed certified copy of the order sheet of the pending proceeding under Section 67 of U.P. Revenue Code, 2006 in order to demonstrate that matter is pending before the Tehsildar. He further submitted that without disclosing the material fact, the instant public interest litigation filed by the petitioner, as such instant public intersect litigation should be dismissed. 6. Mr.Rajesh Kumr Tiwari, learned Additional Chief Standing Counsel for the State-respondent on the basis of the instruction dated 04.10.2025 submitted that proceeding under Section 67 of U.P Revenue Code, 2006 is pending before the Tehsildar, as such the instant public interest litigation is not maintainable. 7. Considering the fact that proceeding under Section 67 of U.P. Revenue code, 2006 is already pending before Tehsildar, no cause of action is available to the petiotner to file public interest litigation for eviction of the respondent No.6 from the plot in question. 8. No interference is required the instant matter. 9. The instant public interest litigation is dismissed accordingly. (Chandra Kumar Rai,J.) October 9, 2025 PS* WPIL No. 3022 of 2025 2 Digitally signed by :- PRITI SHARMA High Court of Judicature at Allahabad