Court No. - 49
Case :- PUBLIC INTEREST LITIGATION (PIL) No. - 1023 of 2019 Petitioner :- Raj Narayan Yadav Respondent :- State Of U.P. And 5 Others Counsel for Petitioner :- Dharmendra Kumar Pandey Counsel for Respondent :- C.S.C.,Manoj Kumar Yadav
Hon'ble Ajit Kumar,J.
By means of the present public interest litigation, the petitioner has questioned the conduct of the respondents in not executing the order dated 26th September, 2018 passed by the Assistant Collector-1st Class of Tehsil- Mariyahun, District- Jaunpur in respect of the alleged encroachment by one Asha Ram.
Learned Standing Counsel has placed instructions before this Court today in compliance of the earlier order of this Court and from the perusal of the instructions it transpires that in respect of the order 26th September, 2018 there is already a restoration application filed by the concerned person inasmuch as there is a civil suit going on in the district court, Jaunpur registered as O.S. No. 140 of 2017, Mahaveer and others v. State of U.P. and others.
Neither in the writ petition any such averment is forthcoming about the pendency of the suit nor, the concerned unauthorized encroachers have been impleaded as one of the respondents.
Once a civil court is seized with the matter in respect of land in question and further if any restoration application has been filed in respect of an order passed under Section 67 of the U.P. Revenue Code, 2006, public interest litigation is clearly not maintainable. If the parties are litigating the matter before this Court and there is a restoration application filed by the person concerned and such persons are not impleaded in the writ petition then such writ petition is also not maintainable for non- joinder of the necessary parties.
On both above counts, the writ petition fails and is, accordingly, dismissed.
Order Date :- 29.5.2019 Atmesh