Neutral Citation No. - 2025:AHC:29657-DB Court No. - 43 Case :- CRIMINAL MISC. WRIT PETITION No. - 3415 of 2025 Petitioner :- Mohd. Istaqlal Quraishi And 3 Others Respondent :- State Of U.P. And 15 Others Counsel for Petitioner :- Amit Kumar Shukla Counsel for Respondent :- G.A.,Ravi Prakash Pandey Hon'ble Vivek Kumar Birla,J. Hon'ble Mohd. Azhar Husain Idrisi,J. 1. Heard Shri M.K. Ojha, holding brie of Shri Amit Kumar Shukla, learned counsel for the petitioners, Shri Ravi Prakash Pandey, learned counsel appearing for the Varanasi Development Authority as well as learned AGA for the State- respondents. 2. The present petition has been has filed seeking a direction in the nature of mandamus directing the respondent no.14 to take appropriate action upon the application of the petitioner no.2 dated 20.01.2025 within stipulated period as fixed by this Court. 3. On 20.02.2025 following order was passed:- "1. A preliminary objection has been raised about the maintainability of the writ petition. 2. It is not known as to whether the order dated 24.08.2016 is under challenge or not. 3. Learned counsel for the petitioners may file affidavit with specific assertion in this regard. 4. Learned AGA as well as learned counsel appearing for the Development Authority may also seek instructions by the next date. 5. Put up this case as fresh on 03.03.2025 before appropriate Bench. 6. The question of maintainability of the writ petition shall remain open." 4. Pursuant to aforesaid order learned counsel for the petitioner has filed supplementary affidavit categorically stating in paragraph 3 therein that the order dated 24.08.2016 passed by the Additional City Magistrate-4th, Varanasi has become final and has not been challenged till date. 5. Despite of the time having been granted, learned AGA is not having instructions. This does not reflect a happy state of affairs. 6. The petitioner is seeking compliance of the order dated 24.08.2016 whereby a direction was issued under section 133 Cr.P.C. regarding encroachment on the Naali in question. 7. Learned counsel for the petitioner has drawn attention to the documents annexed with the supplementary affidavit to show that even a team was constituted for the purpose of removal of the encroachment, however, till date nothing has been done. He submits that the petitioner is repeatedly making applications before the District Magistrate, however, nothing has been done. 8. In such view of the matter, we do not find any good ground to keep this petition pending. 9. In view of the prayer so made in the present case, the writ petition stands disposed of with a direction to the respondent no.14-District Magistrate, District Varanasi to consider and decide the application/representation of the petitioners made for the purpose of compliance of the order dated 24.08.2016 passed by the Additional City Magistrate-4th, Varanasi under section 133 Cr.P.C. in relation to the encroachment in question, on its own merit after taking into account all the evidence on record in accordance with law by a reasoned and speaking order, preferably within a period of three weeks from the date of production of a certified copy of this order. The petitioner is at liberty to file fresh representation alongwith certified copy of this order annexing therewith relevant documents. 10. It is made clear that this Court has not considered the claim of the petitioner on merits. Order Date :- 3.3.2025 Nitendra Digitally signed by :- NITENDRA TIWARI High Court of Judicature at Allahabad Digitally signed by :- NITENDRA TIWARI High Court of Judicature at Allahabad