HIGH COURT OF JUDICATURE AT ALLAHABAD PUBLIC INTEREST LITIGATION (PIL) No. - 3139 of 2025 Chief Justice's Court HON'BLE ARUN BHANSALI, CHIEF JUSTICE HON'BLE KSHITIJ SHAILENDRA, J. 1. This petition, purportedly in public interest, has been filed by the petitioner seeking a direction to respondent Nos. 1 to 5 to evict and take control of Arazi No. 416, 417 and 428 situated in Town Area Muradganj (Jagatpur), Pargana and Tehsil-Ajitmal, District-Auraiya from respondent Nos. 7 to 16. 2. A perusal of the petition indicates that in para 17 of the petition, averment has been made by the petitioner that some local residents have filed a Declaratory Suit No. 44 of 2024 in the Court of Civil Judge (Senior Division), Auraiya for declaration, etc. for restraining the respondent Nos. 7 to 16 from realizing the rent from the tenants of the shops situated in the land in question as their own property and the suit is pending. 3. Along with the petition, a document, Annexure No. 5 has been produced, wherein in the said Suit, the Amin has given a site inspection report pertaining to the shops in question. 4. Once a Declaratory Suit seeking similar relief, as claimed in the present petition, is pending before the competent Civil Court, filing of a petition in the name of public interest, cannot be countenanced. 5. The petition is, therefore, dismissed leaving it open for the petitioner to Versus Counsel for Petitioner(s) : Kailash Nath Kesharwani Counsel for Respondent(s) : C.S.C., Jagdish Pathak (S.C.), Hari Narayan Singh Pradeep Kumar .....Petitioner(s) State of U.P. and 15 others .....Respondent(s) pursue the cause, in accordance with law. October 7, 2025 Mukesh Pal/AKShukla WPIL No. 3139 of 2025 2 (Kshitij Shailendra,J.) (Arun Bhansali,CJ.) Digitally signed by :- MUKESH PAL High Court of Judicature at Allahabad