Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:24253-DB Chief Justice's Court Case :- PUBLIC INTEREST LITIGATION (PIL) No. - 221 of 2025 Petitioner :- Chuttan Respondent :- State of U.P. and 4 others Counsel for Petitioner :- Santosh Kumar Tiwari for Pawan Kumar Dubey Counsel for Respondent :- C.S.C., Jagdish Pathak (S.C.), Harsh Vardhan Gupta Hon'ble Arun Bhansali,Chief Justice Hon'ble Kshitij Shailendra,J.
1. This petition, purportedly in public interest, has been filed by the petitioner seeking direction to respondents no. 2 and 3 to remove encroachment made by respondent no. 5 over Gata No. 440, situated at Mohalla Navinagar, Qasba and Tehsil- Jalalabad, District-Shahjahanpur.
2. Submissions have been made that respondent no. 5 has encroached over land in question and, therefore, the respondents be directed to remove the said encroachment.
3. A perusal of the record indicates that proceedings initiated by respondent no. 4 under the Public Premises (Eviction of Unauthorized Occupants) Act, 1972 against respondent no. 5 is pending before the competent authority.
4. Once proceedings under the Act, which is relevant to the allegations made, is under consideration before the competent authority, filing of the public interest limitation for the similar relief, during the pendency of said proceedings, cannot be countenanced. Consequently, the petition is dismissed.
5. It is expected of the authorities, dealing with the proceedings under the P.P. Act, to decide the same with expedition. Order Date :- 19.2.2025 P.Sri./Pkb (Kshitij Shailendra, J) (Arun Bhansali, CJ) Digitally signed by :- PUNEET SRIVASTAVA High Court of Judicature at Allahabad