Neutral Citation No. - 2025:AHC:27891 Court No. - 50 Case :- PUBLIC INTEREST LITIGATION (PIL) No. - 2199 of 2023 Petitioner :- Sudhir Chauhan Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Anil Kumar Mishra Counsel for Respondent :- C.S.C.,Sunil Kumar Singh,Sushil Kumar Shukla Hon'ble Chandra Kumar Rai,J. 1. Heard Sri Anil Kumar Mishra, learned counsel for the petitioner, Sri Sushil Kumar Shukla, learned counsel for the respondent no. 5, Sri Tarun Gaur, learned Standing Counsel for the State and Sri Sunil Kumar Singh, learned counsel for the Gram Panchayat. 2. The instant Public Interest Litigation has been filed for following reliefs:- "i. To , issue a writ, order or direction in the nature of mandamus commanding and directing the respondent no. 2 and 3 to remove the illegal encroachment of respondent no. 5 from the Gata No. 1241 area 0.0760 hectare and Gata No. 1241/1 area 0.8600 hectare (Pashuchar land) situated at Village-Dulhera Chauhan, Post-Modipuram, District- Meerut. ii. To, issue a writ order or direction in the nature of mandamus directing the respondents to consider and decide the representation made by petitioner before him. iii. To, issue any other writ order or direction which this Hon'ble Court may deem fit and proper under the circumstances of the case." 3. This Court has directed the learned Standing Counsel to obtain instructions in the matter vide order dated 25.09.2023. In pursuance of this Court's order instructions dated 08.10.2023 was obtained, which was placed before this Court and accordingly order dated 11.10.2023 was passed by this Court, The said order runs as under:- "1. Heard Sri Anil Kumar Mishra, learned counsel for the petitioner, Sri Sushil Kumar Shukla, learned counsel for respondent no.5, Sri Abhishek Shukla, learned Addl. C.S.C. for the state-respondents and Sri Sunil Kumar Singh, learned counsel for the respondent-gaon sabha. 2. Sri Abhishek Shukla, learned Addl. C.S.C., on the basis of the instruction dated 8.10.2023, which is taken on record, submitted that plot nos. 1241/1 & 1241/4, area 0.9360 hect. is recorded as Class 5-3-C pasture land in the revenue records. He further submitted that suit for declaration under Section 144 of the U.P. Revenue Code, 2006, filed by the private respondent, has been decided by the court of sub-divisional officer. He also submitted that one case has been registered against the respondent no.5 and another persons who are in possession over the plot in dispute. Particulars of the case is as follows:- T202311520407420. 3. Sri Sushil Kumar Shukla, learned counsel for respondent no.5 submitted that two weeks' time be granted to file reply, annexing the proceeding which is pending in respect to plot in dispute. 4. In view of the facts and circumstances of the case, without expressing any opinion on the merits of the case, Tehsildar, Tehsil Sardhana, District Meerut is directed to decide the aforesaid two cases, as expeditiously as possible, preferably within a period of 4 months, from the date of production of a certified copy of this order before the authority concerned, after affording proper opportunity of hearing to the parties concerned, in accordance with law. 5. List this matter on 27.2.2024." 4. Learned counsel for the petitioner submitted that in the proceeding under Section 67 of the U.P. Revenue Code, 2006 the order for ejectment and damages has been passed, which has been maintained in appeal by the Collector. 5. Learned counsel appearing for respondent no. 5 submitted that against the order of ejectment/damages as well as appellate order Writ-C No. 25186 of 2024 has been filed on behalf of the respondent no. 5 as well as one Randhava, which has been entertained and interim order dated 26.11.2024 has been passed by this Court, as such prayer for removal of encroachment made in the instant public interest litigation cannot be entertained. 6. I have considered the argument advanced by the learned counsel for the parties and perused the record. 7. There is no dispute about the facts that during the pendency of the instant public interest litigation, the proceeding under Section 67 of the U.P. Revenue Code, 2006 has been registered against the respondent no. 5 along with one Randhava and order for ejectement and damages has been passed by Tehsildar, which has been maintained in appeal by the Collector. 8. The order passed by Tehsildar and Collector has been challenged on behalf of the respondent no. 5 along with one Randhava before this Court through Writ-C No. 25186 of 2024 and interim order is operating, as such the instant public interest litigation for the removal of encroachment from the plot in question cannot be entertained. 9. Considering the entire facts and circumstances of the case, the instant public interest litigation is dismissed. Order Date :- 27.2.2025 Neetu Digitally signed by :- NEETU SINGH High Court of Judicature at Allahabad