Neutral Citation No. - 2025:AHC:61190 Court No. - 33 Case :- WRIT - C No. - 12174 of 2025 Petitioner :- Chitra Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Kamala Kant,Vidya Dhar Yadav Counsel for Respondent :- C.S.C. Hon'ble Prakash Padia,J. 1. Supplementary affidavit filed today in the Court is taken on record. 2. Heard learned counsel for the petitioner and learned Standing Counsel for the respondents. 3. The petitioner has preferred present writ petition inter-alia with the following prayers :- "Issue a writ, order or direction in the nature of mandamus directing the respondent no.3 to frame two preliminary issues & decide the same, 1- whether plot no.1 area 1.588 Hectare out of which area 736 Sq. Mtr. which is mentioned in the Khatauni of village Chhawani Police Station Civil Lines, Tehsil & District Moradabad in the name of Manager Salvation Army Moradabad is State land and complaint under section 4/5 of U.P. Public Premises (Eviction of Unauthorised Occupants) Act, 1971 is maintainable on behest of respondent no.5 ? 2-Whether the respondent no.3 had jurisdiction to take action under section 4/5 of P.P. Act on the complaint no. 0448 bearing computerized 2025 of D202513540000848 no. State of U.P. Vs. Smt. Chitra, filed by the respondent no.5 before the respondent objection/written no.3, on the basis of statement dated 3.4.2025 alongwith documentary evidence on record?, as preminary issue in the interest of justice." 4. The facts in brief as contained in the writ petition is that proceedings under U.P. Public Premises (Eviction of Unauthorised Occupants) Act, 1971 was initiated against the petitioner by the State, which was numbered as Case No.0848 of 2025 (U.P. Rajya Dwara Tehsildar Sadar, Tehsil va Zila Muradabad Banam Smt. Chitra Patni Sri Naveen Melhotra Niwasi Gram Chhawani Tehsil va Zila Muradabad Vartman Mau0 Karyalay Samaj Kalyan Vibhag Tehsil Va Zila Muradabad). 5. Reply to the aforesaid has already been submitted by the petitioner, who is opposite party in the aforesaid proceedings on 03.04.2025. Immediately after filing of the aforesaid reply petitioner approached this Court with the prayer to direct the respondent no.3-Prescribed Authority/Additional Collector/Additional District Magistrate (Administration) Moradabad before whom aforesaid proceedings are going on to frame two preliminary issues and decide the same and thereafter go ahead with the matter. Apart from the same, it further reveals from perusal of the record that earlier petitioner has also been approached this Court by filing Writ C No.5196 of 2025. The said writ petition was finally decided by the Division Bench of this Court vide judgement and order dated 10.03.2025. The order reads as follows :- "Petitioner has filed the present writ petition with the prayer to restrain the respondents not to demolish petitioner's construction. Learned Standing counsel submits that petitioner has no right, title over the land and that construction is over plot no.1 which belongs to State. Proceedings for eviction under the Public Premises Act, 1971 are also initiated. Since the authorities have already initiated appropriate action against the petitioner, it will be open for the petitioner to set up her defense in such proceedings. Since the title of the petitioner over the land itself is disputed, and the proceedings are pending before the competent forum, we restrain ourselves from making any observation with regard to merits of the claim. Leaving it open for the petitioner to contest the proceedings initiated by the respondents for eviction of unauthorized occupation, this petition is consigned to records." 6. It appears from perusal of the records that after the aforesaid order was passed, the reply was submitted by the petitioner before the court below and immediately thereafter she approached this Court again. From perusal of the aforesaid the Court is of the opinion that the petitioner is trying to somehow or other to stop the said proceedings pending before the respondent no.3. 7. In this view of the matter, the Court is of the opinion that present writ petition is totally misconceived and liable to be dismissed. 8. Accordingly it is dismissed. Though the writ petition has been dismissed but direction is also issued to the respondent no.3 to decide the Case No.0848 of 2025 most expeditiously and positively within two months from today by fixing very short dates, if so required. 9. Registrar (Compliance) is directed to communicate copy of this order to the respondent no.3-Prescribed Authority/Additional Collector/Additional District Magistrate (Administration) Moradabad through C.J.M. Moradabad within 48 hours. Order Date :- 23.4.2025 Pramod Tripathi Digitally signed by :- PRAMOD TRIPATHI High Court of Judicature at Allahabad