Neutral Citation No. - 2025:AHC:22720 Court No. - 50 Case :- PUBLIC INTEREST LITIGATION (PIL) No. - 2355 of 2024 Petitioner :- Roop Chandra Maurya Respondent :- State Of U.P. And 14 Others Counsel for Petitioner :- Shakeel Ahmad Azmi Counsel for Respondent :- C.S.C.,Rameshwar Prasad Shukla Hon'ble Chandra Kumar Rai,J. 1. Heard Sri Shakeel Ahmad Azmi, learned counsel for the petitioner, Sri Tarun Gaur, learned standing counsel for the state-respondents and Sri Rameshwar Prasad Shukla, learned counsel for the respondent-gaon sabha. 2. The instant writ petition has been filed for the following reliefs:- "(i). Issue a writ, order or direction in the nature of mandamus directing to respondent No.2 District Magistrate, Sadar, Azamgarh to remove the illegal encroachment by the respondent no.6 and 15 from Araji No.286 Rakba 0.360 old No.122 as Bheeta, Araji No.287 Rakba 0.300 hect. Old No.121 Banjar, Araji No.288 Rakba 0.220 Hect. Pokhari Araji No.289 Rakba 0.342 Old No.119 Banjar and Araji No.291 Rakba 0.140 Old No.116 Bheeta at situated Mauja saray Haji Sethwal Pargana Nizamabad, Tehsil- Sadar Rani Ki Saray, District-Azamgarh. (ii) Issue a writ order or direction in the nature of mandamus commanding and directing to respondent authority remove the illegal encroachment of land in question in the interest of aforesaid villagers and decide the pending complaint/representation of the petiotner and villagers in the interest of justice invested in gaon sabha land." 3. On 7.1.2025, following order was passed by this court:- "1.Heard Mr. Shakeel Ahmad Azmi, learned counsel for the petitioner, Mr. R.C. Srivastava, learned Additional Chief Standing Counsel for the State-respondents and Mr. Rameshwar Prasad Shukla, learned counsel for the Gaon Sabha. 2.The instant Public Interest Litigation has been filed for the following relief: "(i). Issue a writ, order or direction in the nature of mandamus directing to respondent No.2 District Magistrate, Sadar, Azamgarh to remove the illegal encroachment by the respondent no.6 and 15 from Araji No.286 Rakba 0.360 old No.122 as Bheeta, Araji No.287 Rakba 0.300 hect. Old No.121 Banjar, Araji No.288 Rakba 0.220 Hect. Pokhari Araji No.289 Rakba 0.342 Old No.119 Banjar and Araji No.291 Rakba 0.140 Old No.116 Bheeta at situated Mauja saray Haji Sethwal Pargana Nizamabad, Tehsil- Sadar Rani Ki Saray, District-Azamgarh. (ii) Issue a writ order or direction in the nature of mandamus commanding and directing to respondent authority remove the illegal encroachment of land in question in the interest of aforesaid villagers and decide the pending complaint/representation of the petiotner and villagers in the interest of justice invested in gaon sabha land." 3. Learned counsel for the petitioner submitted that plot in question is recorded as bheeta, banjar, pokhari in the revenue record and the private respondents are in illegal possession over the same. 4. Instruction dated 18.12.2024 sent by Tehsildar, Sadar, Azamgarh, is placed before this Court, which is taken on record. 5. Mr. R.C. Srivastava, learned Additional Chief Standing Counsel for the State-respondents on the basis of the instruction submitted that in respect to the plot in question writ petiton No.4491 of 1999 filed by respondent No.6 Lalsa Yadav is pending before this Court in which interim order has been passed staying the operation of the order passed by the Board of Revenue, as such no order can be passed for eviction of the private respondents from plot in question. 6. Learned counsel for the petitioner submitted that aforementioned writ petition No.4491 of 1999 is likely to be listed on 08.01.2025 before this Court. He further submitted that pendency of the aforementioned writ petition will not come in the way to consider the relief claimed in the instant public interest litigation. 7. In view of the aforementioned facts, put up this matter as fresh tomorrow i.e. 08.01.2025." 4. This Court vide order dated 17.2.2025 has allowed the connected Writ B No.4491 of 1999 by a separate order, maintaining the order of Additional Commissioner dated 12.5.1998 by which the entry of the petitioner's father was maintained. 5. In view of the final order dated 17.2.2025 passed in the connected Writ B No.4491 of 1999, the instant P.I.L. cannot be entertained and the same is hereby dismissed. Order Date :- 17.2.2025 C.Prakash Digitally signed by :- CHANDRA PRAKASH High Court of Judicature at Allahabad