HIGH COURT OF JUDICATURE AT ALLAHABAD PUBLIC INTEREST LITIGATION (PIL) No. - 3241 of 2025 Court No. - 55 HON'BLE CHANDRA KUMAR RAI, J. 1.Vakalatnama filed on behalf of respondent No.5 is taken on record. 2. Learned cousnel for the petitioner is permitted to implead the Tehsildar, Machchlishahar, as respondent No.6 in the array of the parties to the writ petition. 3. Heard Mr. Sanjay Pandey, learned counsel for the petitioner, learned Standing Counsel for the State-respondent, Mr. Shyam Shankar Mishra, learned counsel for respondent No.5 and Mr. Bhupendra Kumar Tripathi, learned counsel for Gram Sabha . 4.The instant petition has been filed for the following relief:- " (a) Issue a writ, order or direction in the nature of mandamus directing the respondent no. 1 to 4 to remove illegal encroachment making by respondent no.5. (b) construction over Pokhari/Jalmagn Bhumi of Gata no. 130 and 131 having area 0.008 and 0.0020 Hectare situated in Village Chadaan, Post Unchgoan, Pargana Garwadra, Tehsil Machlishahar, District Jaunpur made by the respondent no. 5 within the stipulated period." 5. Learned counsel for the petitioner submitted that in view of the entry of plot Nos. 130 and 131 the encroachment over the aforementioned plot be removed by the authorities. 6. Mr. Shyam Shanker Mishra, learned cousnel for respondent no.5 submitted that proceeding under Section 67 of U.P.Revenue Code, 2006 Versus Counsel for Petitioner(s) : Sanjay Pandey Counsel for Respondent(s) : Bhupendra Kumar Tripathi, C.S.C. Sunil Tiwari .....Petitioner(s) State Of U.P. And 4 Others .....Respondent(s) has already been initiated in respect to the plot Nos.131, 130 and 127, which is pending as Case No.17604 of 2025, computerized Case No.T202514360317604 before Tehsildar Machchlishahar, Jaunpur. He submitted that instant public interest litigation at the instance of the petitioner is not maintainable as dispute between the petitioner and private respondent is pending before the Court. 7. I have considered the arrangements advanced by the learned cousnel for the parties and perused the record. 8. There is no dispute about the fact that proceeding under Section 67 of U.P. Revenue Code, 2006. is pending before Tehsildar, Machchlishahar, Jaunpur in respect to the plot in question. 9.Considering the facts and circumstances of the case, without expressing any opinion on the merits of the issue, the present petition stands disposed of finally directing the respondent No.6/Tehsildar, Machchlishahar, Jaunpur to decide the aforementioned proceeding in accordance with law expeditiously after giving opportunity of hearing to both the parties. October 17, 2025 PS* WPIL No. 3241 of 2025 2 (Chandra Kumar Rai,J.) Digitally signed by :- PRITI SHARMA High Court of Judicature at Allahabad