Case brief
What is this about?
Allahabad High Court (DB) PIL dismissed as not maintainable where statutory proceedings under the Public Premises (Eviction of Unauthorized Occupants) Act, 1972 against the alleged encroacher were pending before the competent authority; parallel public interest remedy for removal of encroachment over Gata No. 440, Shahjahanpur refused; authorities expected to expedite P.P. Act proceedings.
What did the court decide?
Where proceedings under the Act relevant to the allegations made are already pending before the competent authority, a public interest petition seeking the similar relief during the pendency of such proceedings cannot be countenanced; consequently, the petition is dismissed. ¶10