Neutral Citation No. - 2025:AHC:117086-DB Court No. - 21 Case :- WRIT - C No. - 20754 of 2025 Petitioner :- Management Committee Waqf No 651 Azamgarh Respondent :- State Of U.P. And 8 Others Counsel for Petitioner :- Shahid Ali Siddiqui,Shamsuddin Ahmad Counsel for Respondent :- A.S.G.I.,C.S.C.,Dharmaveer Singh,Manoj Kumar Singh,Prateek Kumar,Punit Kumar Gupta Hon'ble Manoj Kumar Gupta,J. Hon'ble Ram Manohar Narayan Mishra,J. 1. Learned Standing Counsel has placed on record the instructions received from the State-respondents. 2. Heard Sri Shamsuddin Ahmad, learned counsel for the petitioner, Sri Dharmaveer Singh, learned counsel for respondent no.6, Sri Manoj Kumar Singh, learned counsel for respondent no.9 and learned Standing Counsel for the State. 3. The petitioner has assailed a notice dated 02.05.2025 issued by the Assistant Engineer, Prantiya Khand, Public Work Department, Mau to the petitioner alleging that the constructions of the Masjid Committee are an encroachment and the same be removed by 10.05.2025, failing which, the same would be removed and the expenses incurred in that regard would be recovered from the petitioner. 4. Learned Standing Counsel has placed on record the written instructions received from the State functionaries and wherein, the stand taken is that on 02.05.2025, the impugned notice was issued under a particular procedure and thereafter, case under the Public Premises (Eviction of Unauthorized Occupants) Act has been initiated. It is further stated that further action would be taken in the matter on the basis of the decision in the said proceedings. 5. In our opinion that is also the correct position in law. The eviction can be made only after it is adjudicated that the alleged constructions are an encroachment and the possession of the petitioner over the same is unauthorized. 6. Accordingly, we dispose of the instant petition by providing that no coercive measure shall be taken against the petitioner in pursuance of impugned notice dated 02.05.2025 and the respondents will proceed strictly in accordance with the outcome of the proceedings pending under the Public Premises (Eviction of Unauthorized Occupants) Act. Order Date :- 18.7.2025 Priya (R.M.N. Mishra, J.) (Manoj Kumar Gupta, J.) Digitally signed by :- PRIYA KUSHWAHA High Court of Judicature at Allahabad