Neutral Citation No. - 2025:AHC-LKO:18820-DB Court No. - 2 Case :- WRIT - C No. - 3228 of 2025 Petitioner :- Hariram Kashyap And Others Respondent :- State Of U.P. Thru. Addl. Chief Secy. Deptt. Of Urban Development, Lko. And Others Counsel for Petitioner :- Alok Kr. Misra,Pawan Shukla Counsel for Respondent :- C.S.C.,Namit Sharma Hon'ble Rajan Roy,J. Hon'ble Om Prakash Shukla,J. 1. Vakalatnama filed today by Shri Savitra Vardhan Singh, Advocate on behalf of Nagar Nigam, Lucknow is taken on record. 2. Heard. 3. Let the Collector, Lucknow be impleaded as opposite party during the course of the day by the petitioners. 4. The petitioners have responded to the impugned notice informing the Nagar Nigam, Lucknow that the proceedings for demarcation/division of Minjumla Gata No.30 स/0.809 hectare situated at Village Tera Khas, Tehsil Sadar, District-Lucknow under Section 30(2) of the U.P. Revenue Code, 2006 (hereinafter referred to as "Code, 2006") are pending as the petitioners have a sale deed in their favour in respect of land over which they have built the house, therefore, the Nagar Nigam should not undertake any demolition exercise or exercise for removal of encroachment. Counsel for the Nagar Nigam says that the petitioners have encroached land in excess of what they claim to have purchased. Let proceedings under Section 30(2) of the Code, 2006 be concluded at the earliest say within a period of two months. In the meantime, the petitioners shall not raise any new construction in addition to the one already existing over the land in question. Needless to say that the impugned notice shall not be acted upon for a period of two months or till physical division of Minjumla gata under Section 30(2) of the Code, 2006 is completed. The Nagar Nigam may join the said proceedings under Section 30(2) of the Code, 2006, if it has locus, however, if no such proceedings are pending under Section 30(2) of the Code, 2006 then the benefit of this order shall not be available to the petitioners but they shall be at liberty to pursue other remedies. 5. With the aforesaid observations/directions, the writ petition is disposed of. (Om Prakash Shukla, J.) (Rajan Roy, J.) Order Date :- 4.4.2025 -Piyush- Digitally signed by :- PIYUSH YADAV High Court of Judicature at Allahabad, Lucknow Bench