HIGH COURT OF JUDICATURE AT ALLAHABAD PUBLIC INTEREST LITIGATION (PIL) No. - 2377 of 2026 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 petitioners seeking a direction to respondents no. 1 to 3 to ensure removal of illegal and unauthorised encroachments of respondents no. 5 to 9 on the public road, Juhi Garha, Kanpur Nagar by construction of their house in public interest. 2. A perusal of the petition reveals that petitioner no. 2, Sudha Dubey has filed suit against respondents no. 5 to 9 before the Civil Judge (Senior Division), Kanpur Nagar for decree of mandatory injunction directing removal of encroachment/illegal constructions on western side of the house of the plaintiff, which suit admittedly is pending. 3. When a query was put to the counsel for the petitioners as to during pendency of the suit how P.I.L. can be maintained, a very innocent submission was made that the suit pertains to portion of the encroachment, which is next to the house of petitioner no. 2, whereas the present P.I.L. is for removal of the encroachment from the entire public road and, therefore, the same can be maintained. 4. Filing of petitions in the nature of public interest litigation during the pendency of the civil suit, wherein the disputed questions of fact are to be decided by the competent court, in the name of seeking a larger relief, is Versus Counsel for Petitioner(s) : Hanuman Prasad Kushwaha, Gorakh Nath Shukla Counsel for Respondent(s) : Munna Pandey, Abhinava Krishna Srivastava, Seema Agarwal (S.C.), Vibhu Rai, Yash Padia Rajendra Prasad and another .....Petitioner(s) State of Uttar Pradesh and 8 others .....Respondent(s) ex-facie mala fide and baseless. The P.I.L. is, therefore, dismissed. October 6, 2026 SL/Sazia WPIL No. 2377 of 2026 2 (Kshitij Shailendra,J.) (Arun Bhansali,CJ.) Digitally signed by :- SHYAM LAL High Court of Judicature at Allahabad