JUDGMENT The relief which the petitioner seeks in a public interest litigation is in the following terms: “(i) issue a writ, order or direction in the nature of mandamus directing/commanding the respondent nos.2 & 3 to protect the property of Arazi No.589 and 590 situated in Village Begupur Muglani, Tehsil Sadar, District Gorakhpur, which is graveyard and public road, from the encroachment of the respondent nos.5 to 7.” 2. During the course of hearing on the previous occasion, the learned counsel appearing on behalf of the private respondents had stated before the Court that the father of the petitioner has in fact filed a suit in regard to the same cause of action which is pending before the competent Civil Court. In order to enable the learned Senior Counsel appearing on behalf of the petitioner to verify the factual position, we had adjourned the hearing of the proceedings on 7 January 2016 till today. During the course of the hearing, it has not been disputed that a suit has been filed by the father of the petitioner albeit against some other parties pertaining to the same land in question. Besides this, it has been stated before the Court that proceedings under Section 33 and 39 of the U.P. Land Revenue Act, 1901 were also pending before the Board of Revenue. It has been now stated on behalf of the petitioner that the proceedings have been remanded to the Sub Divisional Magistrate for passing fresh orders in accordance with law. 3. In view of this factual background and having due regard to the fact that it has been pointed out on behalf of the learned counsel for the private respondents that in the pending suit notices have been issued under Order 1 Rule 8 of the CPC, we see no reason to pursue a similar line of enquiry in a public interest litigation. We however clarify that this would not come in the way of the disposal of the proceedings before the competent Court in the pending proceedings. The petition is, accordingly dismissed. There shall be no order as to costs.