ANUPAM DWIVEDIversusSTATE OF U.P. AND 8 OTHERS

          HIGH COURT OF JUDICATURE AT ALLAHABAD
           PUBLIC INTEREST LITIGATION (PIL) No. - 1369 of 2025

Anupam Dwivedi
                                                                      .....Petitioner(s)
                                        Versus

State Of U.P. And 8 Others
                                                                   .....Respondent(s)

Counsel for Petitioner(s)               : Anurag Kumar
Counsel for Respondent(s)               : Bhupendra Kumar Tripathi, C.S.C.

Court No. - 38
                         HON'BLE VIVEK SARAN, J.

1. Heard Sri Anurag Kumar, learned counsel for the petitioner and learned
Standing Counsel for the State-Respondents.

2. Sri Anurag Kumar, learned counsel for the petitioner submits that he has
filed a rejoinder affidavit on 17.3.2026, the same is not on record.

3. Office is directed to trace out the same and place it on record.

4. The instant petition has been placed along with records of Writ-C
No.42247 of 2023. This Court finds that in the said writ petition, the order
dated 28.3.2023 has been challenged by the petitioner Sabir in which this
Court on 14.12.2023 has passed the following order:-

"1. Heard Sri Karma Singh Yadav, learned counsel for the petitioner and Sri Anand
Bhaskar Srivastava, learned standing counsel for the State-respondent nos. 1 to 3.

2. The submission of the learned counsel for the petitioner is that despite the fact that
a suit for permanent injunction in respect of the same property is pending before the
court of learned Civil Judge (Junior Division), Jaunpur as regular Suit No. 1277 of
1999 (Mansoor Ahamd Vs. State of U.P.). He further submits that the learned civil
court has granted an order of status quo on 20.12.1999 which is still pending till date.
In support of his submission he has annexed the information obtained by him as
Annexure No. 6 to the writ petition.

3. Learned counsel for the petitioner submits that although pendency of the civil suit
and the interim order was brought to the notice of the Assistant Collector concerns
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                                    but without taking into consideration the pendency of the suit as well as interim order,
                                    impugned order dated 28.03.2023 has been passed. He further submits that the
                                    appellate court while dismissing the appeal vide order dated 10.10.2023 has also not
                                    taken into consideration this fact.

                                    4. Matter requires consideration.

                                    5. Learned counsel for the respondents prays for and is allowed four weeks time to file
                                    counter affidavit. Rejoinder affidavit, if any, may be filed within two weeks thereafter.

                                    6. Till the next date of listing, the petitioner shall not be dispossessed in pursuance of
                                    the order dated 28.3.2023 passed by the Assistant Collector / Tehsildar,
                                    Machhalishahar, Jaunpur / respondent no. 3."

                                    5. As the matter relates to Arazi no.2213/0.137 hectare and since the
                                    petitioner in the PIL seeks to get the order executed by seeking eviction to
                                    the private respondents although there was an interim order in the said Writ-
                                    C No.42247 of 2023 relating to said plot of land, which was not brought on
                                    record in the PIL.

                                    6. This Court proposed to seek a clarification from the petitioner Anupam
                                    Dwivedi about the same.

                                    7. At this juncture, learned counsel for the petitioner seeks withdrawal of the
                                    PIL to which learned Standing Counsel do not have any objection.

                                    8. In such view of the matter, the PIL is dismissed without any further
                                    liberty.

                                    9. Let connected matter be detagged and listed on its own turn before the
                                    appropriate Bench.



                                                                                                         (Vivek Saran,J.)
                                    April 29, 2026
                                    Gaurav Kuls




Digitally signed by :-
GAURAV KULSHRESTHA
High Court of Judicature at Allahabad