HIGH COURT OF JUDICATURE AT ALLAHABAD PUBLIC INTEREST LITIGATION (PIL) No. - 3920 of 2025 Court No. - 55 HON'BLE ARUN KUMAR, J. 1. Heard Sri Siddharth Ojha holding brief of Sri Sitesh Kumar, learned counsel for the petitioner and learned Standing Counsel for the respondent nos. 1 to 4. Sri Azad Rai has accepted notice on behalf of respondent no. 5. 2. The present petition has been filed for the following relief:- "1. issue writ order or direction in the nature of mandamus directing the respondent no.2 and 3 to take an appropriate, proper and legal action against respondent no.6 to 13 for removal of illegal encroachment over Gata No. 282 area about 0.3080 hectare is Graveyard (Kabristan) land situated in village Narai, Tehsil Phulpur, Police Station Phulpur District Prayagraj within stipulated period." 3. On 22.01.2026, the following order was passed by this Court in the matter:- "1. Vakalatnama filed by Mr. K.K. Roy, Mr. Prabal Pratap & Mr. Charlie Prakash, Advocates on behalf of respondent nos.7, 8, 10 & 12 is taken on record. 2. Heard learned counsel for the petitioner, Mr. Ajay Kumar Baranwal, learned Standing Counsel for the State-respondents, Mr. K.K. Roy, Mr. Prabal Pratap & Mr. Charlie Prakash, learned counsel for respondent nos.7, 8, 10 & 12 and Mr. Azad Rai, learned counsel for the respondent- Gaon Sabha. 3. Learned counsel for the petitioner submitted that the plot in question is recorded as Versus Counsel for Petitioner(s) : Pravesh Kumar Vishwakarma, Sitesh Kumar, Tarun Kumar Chauhan Counsel for Respondent(s) : Charlie Prakash, Kamal Krishna Roy, Prabal Pratap, Azad Rai, C.S.C. Aaftab Alam .....Petitioner(s) State Of U.P And 12 Others .....Respondent(s) Kabristan in the revenue records and private respondents are in illegal possession over the same. 4. Instruction dated 17.12.2025 sent by Sub-Divisional Magistrate, Phoolpur, Prayagraj is taken on record. 5. Learned Standing counsel on the basis of instruction dated 17.12.2025 submitted that the plot no.282 area 0.3080 hectare is recorded as Kabristan. He further submitted that inspection / demarcation has been made by the revenue team and encroachment has been removed. 6. Learned counsel for the private respondents submitted that the instant public interest litigation cannot be entertained as petition has not been filed in public interest. 7. Learned counsel for the petitioner is disputing the facts mentioned in the instruction dated 17.12.2025. 8. Learned Standing Counsel for the State shall serve the copy of the instruction upon learned counsel for the petitioner during course of the day. 9. Learned counsel for the petitioner shall file reply to the facts mentioned in the instruction dated 17.12.2025 within two weeks. 10. Put up this case as fresh on 12.2.2026 showing the name of Mr. Mr. K.K. Roy, Mr. Prabal Pratap & Mr. Charlie Prakash as learned counsel for the respondent nos.7, 8, 10 & 12." 4. The counsel for the petitioner has neither filed any rejoinder affidavit to the counter affidavit filed by the private respondents, nor any objection has been filed to the instructions, dated 17.12.2025, as directed by this Court. 5. A perusal of the aforesaid instructions shows that Plot No. 282, recorded as Graveyard has been cleared from all encroachments, however a part of it has been occupied by a metaled road, which is being used by the public at large. 6. As no objection has been filed to the instructions, it appears that the WPIL No. 3920 of 2025 2 petitioner has lost interest in the present writ petition, as his grievance has been redressed after the encroachments were cleared by the revenue team. 7. In view of the aforesaid, the present writ petition is disposed of, as having become infructuous. May 15, 2026 Ranjeet Sahu WPIL No. 3920 of 2025 3 (Arun Kumar,J.) Digitally signed by :- RANJEET SAHU High Court of Judicature at Allahabad