Neutral Citation No. - 2025:AHC:143076 Court No. - 72 Case :- APPLICATION U/S 528 BNSS No. - 43870 of 2024 Applicant :- Mahaveer Singh Opposite Party :- State of U.P. and Another Counsel for Applicant :- Mustaqeem Ahmad,Pankaj Sharma,Shiv Murti Kushwaha Counsel for Opposite Party :- G.A. Hon'ble Deepak Verma,J. 1. Heard learned counsel for the applicant; learned A.G.A. for the State and perused the record. 2. The present 528 BNSS application has been filed to quash the impugned order dated 25-10-2024 passed by Up Zila Magistrate/Sub Divisional Magistrate Gabhana, Tehsil Gabhana, District Aligarh in Case No.7796 of 2024, Computer Case No.T202418020407796 (State versus Mahaveer Singh) Under section 152 of B.N.S.S, 2023 which is pending before the learned Up Zila Magistrate Sub Divisional Magistrate Gabhana, Tehsil - Gabhana, District Aligarh, 3. Counsel for the applicant has assailed the order dated 25.10.2024 by which the applicant was directed to demolish the disputed wall adjacent to Khasra No.995/M situated at village Deta Khurd, District Aligarh, near the road as the applicant has erected a boundary wall which has closed the Nali. Counsel for the applicant submits that the order impugned is illegal, arbitrary and without considering the objection raised by the applicant. The impugned order is liable to be set aside. 4. A report was called for from the learned A.G.A. As per report dated 19.08.2025, it is admitted fact that the Khasra No.995/M allotted to the applicant, is land water and that plot was submerged into the water. On account of the construction of the boundary wall by the applicant, flowing of water has obstructed the area. 5. On perusal of report as well as the order impugned, it appears that the applicant has illegally erected the boundary wall connecting to road which has blocked the flow of water and moreover, in regard to that, civil writ is pending before the court concerned, as earlier, the applicant filed Writ Petition No. 39288 of 2022 and this Court vide order dated 12.09.2023 disposed of the petition with direction to the petitioner to move a fresh representation before the respondent ventilating his grievance within two weeks and in case such representation is preferred, the same would be looked into, examined and remedied, in accordance with law. Thereafter, the petition of the applicant was decided vide order dated 18.10.2023 against which Writ-C No.2801 of 2024 (Mahaveer Singh Vs. State of U.P. and others) is pending before this Court. 6. In view of the above, there is no illegality in the order impugned. No interference is warranted by this Court. The application is, accordingly, dismissed. Order Date :- 20.8.2025 Meenu Singh Digitally signed by :- MEENU SINGH High Court of Judicature at Allahabad