HIGH COURT OF JUDICATURE AT ALLAHABAD PUBLIC INTEREST LITIGATION (PIL) No. - 1369 of 2025 Court No. - 38 HON'BLE VIVEK SARAN, J. 1. Heard Sri Anurag Kumar, learned counsel for the petitioner and learned Standing Counsel for the State-Respondents. 2. Sri Anurag Kumar, learned counsel for the petitioner submits that he has filed a rejoinder affidavit on 17.3.2026, the same is not on record. 3. Office is directed to trace out the same and place it on record. 4. The instant petition has been placed along with records of Writ-C No.42247 of 2023. This Court finds that in the said writ petition, the order dated 28.3.2023 has been challenged by the petitioner Sabir in which this Court on 14.12.2023 has passed the following order:- "1. Heard Sri Karma Singh Yadav, learned counsel for the petitioner and Sri Anand Bhaskar Srivastava, learned standing counsel for the State-respondent nos. 1 to 3. 2. The submission of the learned counsel for the petitioner is that despite the fact that a suit for permanent injunction in respect of the same property is pending before the court of learned Civil Judge (Junior Division), Jaunpur as regular Suit No. 1277 of 1999 (Mansoor Ahamd Vs. State of U.P.). He further submits that the learned civil court has granted an order of status quo on 20.12.1999 which is still pending till date. In support of his submission he has annexed the information obtained by him as Annexure No. 6 to the writ petition. 3. Learned counsel for the petitioner submits that although pendency of the civil suit and the interim order was brought to the notice of the Assistant Collector concerns Versus Counsel for Petitioner(s) : Anurag Kumar Counsel for Respondent(s) : Bhupendra Kumar Tripathi, C.S.C. Anupam Dwivedi .....Petitioner(s) State Of U.P. And 8 Others .....Respondent(s) but without taking into consideration the pendency of the suit as well as interim order, impugned order dated 28.03.2023 has been passed. He further submits that the appellate court while dismissing the appeal vide order dated 10.10.2023 has also not taken into consideration this fact. 4. Matter requires consideration. 5. Learned counsel for the respondents prays for and is allowed four weeks time to file counter affidavit. Rejoinder affidavit, if any, may be filed within two weeks thereafter. 6. Till the next date of listing, the petitioner shall not be dispossessed in pursuance of the order dated 28.3.2023 passed by the Assistant Collector / Tehsildar, Machhalishahar, Jaunpur / respondent no. 3." 5. As the matter relates to Arazi no.2213/0.137 hectare and since the petitioner in the PIL seeks to get the order executed by seeking eviction to the private respondents although there was an interim order in the said Writ- C No.42247 of 2023 relating to said plot of land, which was not brought on record in the PIL. 6. This Court proposed to seek a clarification from the petitioner Anupam Dwivedi about the same. 7. At this juncture, learned counsel for the petitioner seeks withdrawal of the PIL to which learned Standing Counsel do not have any objection. 8. In such view of the matter, the PIL is dismissed without any further liberty. 9. Let connected matter be detagged and listed on its own turn before the appropriate Bench. April 29, 2026 Gaurav Kuls WPIL No. 1369 of 2025 2 (Vivek Saran,J.) Digitally signed by :- GAURAV KULSHRESTHA High Court of Judicature at Allahabad