Neutral Citation No. - 2025:AHC:11427-DB Chief Justice's Court Case :- PUBLIC INTEREST LITIGATION (PIL) No. - 487 of 2024 Petitioner :- Ajay Kumar Upadhyay Respondent :- State of UP and 5 Others Counsel for Petitioner :- Dilip Kumar Dubey, Sachchida Nand Tiwari Counsel for Respondent :- Seema Agarwal, (SC), Rama Shankar Yadav, Shashi Kant Mishra Hon'ble Arun Bhansali,Chief Justice Hon'ble Vikas Budhwar,J. 1. This writ petition in the form of PIL has been filed by the petitioner seeking a direction to the respondents to remove illegal encroachment of private respondent nos. 5 and 6 from Rasta Land/Public pathway, situated at Khasra No. 642/0.0280 of village (now Mohalla) Saidanpur, Pargana Haveli, Tehsil Sadar, District Jaunpur. 2. Submissions have been made that despite there being encroachment over the land of public utility, i.e. pathway, action has not been taken for removing the encroachment of respondent nos. 5 and 6 from the land in question. 3. The respondents have filed a counter affidavit inter alia indicating that in the past also, Writ-C No.60001 of 2011 (Sharda Prasad vs. State of U.P. and others) was filed seeking similar relief which came to be dismissed by order dated 18.10.2011. Another petition filed by Sandeep Kumar Srivastava being Public Interest Litigation (PIL) No. 2152 of 2022 was disposed of on 24.1.2023. Further submissions have been made that on Plot No.642/0.0280 hectare, there is no encroachment and on spot inspection, it was found that the land in question is recorded in the revenue record as 'Rasta' and the same is free from any encroachment and, therefore, the petition deserves to be dismissed. 4. A rejoinder has been filed inter alia pleading ignorance about passing of the previous orders in two writ petitions and it has been denied that the land in question is not under encroachment of respondent nos. 5 and 6. 5. We have considered the submissions made by learned counsel for the parties and we are firmly of the opinion that once the issue pertaining to encroachment stands adjudicated in two writ petitions previously filed and the respondents have taken categorical stand that there is no encroachment on the land in question, no case for passing any order in exercise of jurisdiction pertaining to PIL is made out. 6. Consequently, there is no substance in the petition. The same is, therefore, dismissed. Order Date :- 22.1.2025 RK (Vikas Budhwar, J) (Arun Bhansali, CJ) Digitally signed by :- RAJESH KUMAR High Court of Judicature at Allahabad