HIGH COURT OF JUDICATURE AT ALLAHABAD PUBLIC INTEREST LITIGATION (PIL) No. - 1278 of 2025 Court No. - 55 HON'BLE ARUN KUMAR, J. 1. Heard Sri P. K. Srivastava, learned counsel for the petitioner, learned Standing Counsel for the State respondents, Sri Azad Rai, learned counsel for the respondent Gaon Sabha and Sri Vinayak Varma with Sri Ramesh Kumar Tiwari, learned counsel for the respondent nos.6 to 12. 2. The present petition has been filed seeking a direction to the state authorities to ensure removal of illegal encroachment made by the encroachers/private respondent nos.6 to 12 over plot nos.245 and 246 recorded as Chak Marg and Rasta in the relevant revenue records relating to Village Hinauta, Tehsil Manjhanpur, District Kaushambi. 3. Counter affidavit was filed by the Naib Tehsildar, Manjhanpur on behalf of respondent nos.2 to 4 alongwith personal affidavit of respondent nos.2 and 3 in the present petition on 03.07.2025. 4. Perusal of the aforesaid affidavits shows that proceedings under Section 122B of the U.P. Zamindari Abolition and Land Reforms Act, 1950 were initiated against the encroachers, in which an order of eviction and recovery of damages was passed by the concerned Tehsildar on 16.06.2017. The report of the revenue team dated 24.06.2025 annexed with the affidavits shows that the said order of Tehsildar was challenged in appeal, which was dismissed by the order of the District Magistrate, Kaushambi dated 31.07.2017, pursuant to which, encroachments made Versus Counsel for Petitioner(s) : Pramod Kumar Srivastava Counsel for Respondent(s) : Aditi Pandey, Azad Rai, C.S.C., Ramesh Kumar Tiwari, Vinayak Varma Santosh Kumar Mishra .....Petitioner(s) State Of U.P. And 11 Others .....Respondent(s) were removed and thereafter fresh encroachments were made. Thereafter, fresh notices dated 12.06.2025 were issued to the encroachers, which are 12 in number. The respondent nos.6 to 12 had challenged the said notice dated 12.06.2025 in writ petition before this Court being Writ-C No.20164 of 2025 in which initially an interim order was granted on 20.06.2025, directing that no demolition shall be carried out in pursuance of the notice dated 12.06.2025. 5. The respondent nos.6 to 12 in their counter affidavit have made categorical averment in paragraph no.5 that among 12 encroachers, who have been mentioned in the affidavits of respondent nos.2 and 3, six of them, who belongs to family of the petitioner, have not been arrayed as party in the present petition. The said fact has not been denied by the petitioner by filing his affidavit. 6. Learned counsel for the respondent nos.6 to 12 further states that the writ petition filed by them has been disposed of by this Court directing the petitioners therein to file their objection against the notice dated 12.06.2025. Pursuant to the aforesaid direction, the respondent nos.6 to 12 have filed their objections but no order on it has been passed by the respondent no.4 till date. 7. In view of the fact that this Court while disposing of the Writ-C No.20164 of 2025 filed by respondent nos.6 to 12 has given an opportunity to them to approach the respondent no.4 by filing their objections and such objections have been filed, which are pending consideration, no direction can be issued by this Court in the present PIL for directing their eviction. 8. Considering the facts and circumstances, the present petition is disposed of with direction to respondent no.4 - Tehsildar, Manjhanpur, Kaushambi to decide the objections filed by the respondent nos.6 to 12 in compliance of the order dated 25.07.2025, passed in Writ-C No.20164 of 2025, by passing appropriate orders, in accordance with law, after hearing all the concerned parties, within a period of two months from the date of presentation of a certified of this order. 9. It is made clear that the proceedings initiated against the 12 WPIL No. 1278 of 2025 2 encroachers of the plots in question shall be brought to its logical end by the concerned respondent, in accordance with law, if there is no other legal impediment. May 5, 2026 Ashok Kr. WPIL No. 1278 of 2025 3 (Arun Kumar,J.) Digitally signed by :- ASHOK KUMAR High Court of Judicature at Allahabad