Court No. - 29 Case :- WRIT - C No. - 36184 of 2024 Petitioner :- Sabhajeet Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Ajeet Kumar Srivastava Counsel for Respondent :- Bhupendra Kumar Tripathi,C.S.C. Hon'ble Ashwani Kumar Mishra,J. Hon'ble Vipin Chandra Dixit,J. 1. Heard learned counsel for the petitioner and learned Standing Counsel appearing for respondent Nos. 1 to 4. 2. Grievance of the petitioner is that respondents are constructing paved road on the bhumidhari land of the petitioner. 3. The plot No. 211M is a large plot, over which more than dozens of tenure holders are recorded. There is no demarcation of the shares in the plot on the spot. According to the petitioner, he has already applied for partition and has also filed a civil suit, both of which are pending. It is alleged that over the petitioner's plot, construction of road is being undertaken unauthorizedly. 4. Learned Standing Counsel has furnished written instructions received from Sub Divisional Officer, Shahganj, Jaunpur, which is taken on record. As per instruction, there exists an old passage and with the consent of majority of co-sharers, on the old passage, a paved road has been constructed. An affidavit of 14 persons who are recorded as tenure holders is also annexed. 5. From the materials placed on record, it is apparent that Plot No. 211 Minjumla is a big plot and shares of co-sharers are yet to be partitioned. A partition suit has also been filed, in which prayer of injunction has also been made. Such suit is pending. In such circumstances, proper course available to the petitioner would be to press his injunction application in the pending suit, where specific claim of each co-sharer can be examined. No direction in the writ petition is therefore, called for. This is moreso as only existing road is being strengthened and majority of co-sharers have given their consent for the purpose. 6. The writ petition is accordingly consigned to records. Order Date :- 18.2.2025 P.P. Digitally signed by :- POONAM PATEL High Court of Judicature at Allahabad