Neutral Citation No. - 2025:AHC-LKO:36221-DB Court No. - 2 Case :- WRIT - C No. - 6065 of 2025 Petitioner :- Naseem Ahmad And 4 Others Respondent :- State Of U.P. Thru. Prin. Secy. Home Civil Sectt. Lko And 5 Others Counsel for Petitioner :- Akram Azad,Sayyed Farooq Ahmad,Talha Aamir,Vinod Kumar Yadav Counsel for Respondent :- C.S.C. Hon'ble Alok Mathur,J. Hon'ble Arun Kumar Singh Deshwal,J. 1. Heard Shri Sayyed Farooq Ahmad, learned counsel for the petitioners as well as learned Standing Counsel on behalf of the respondents. 2. It has been submitted by counsel for the petitioners that the petitioners are co-sharer in Gata No.656 in village - Tamachpur, Pargana - Pakharpur, District - Bahraich. It has further been submitted that 0.4242 hectare of the aforesaid land was acquired for the purposes of building and National Highway by the State Government. But the grievance raised by the petitioner is that the remaining portion of the land is being interfered with by the state authority and the petitioners are not being allowed to do the agricultural activities on the said land. He has further submitted that the proceeding under Section 38 of the U.P. Revenue Code has been initiated by the petitioners on which the Tehsildar Mahsi has submitted his report on 30.01.2025 in favour of the petitioners. He submits that during pendency of the proceeding, the State authority may be restrained from interfering in peaceful possession of the said property. 3. Considering the submissions of the petitioners, it is noticed that once the grievance of the petitioners has been raised before the competent authority under Section 38 of the U.P. Revenue Code and also the matter is in final stages of determination and also considering the fact that the report in this regard has already been submitted by the Tehsil - Mahsi, we see no reason as to why the dispute should remain pending by the SDM, Mahsi. We also of the considered opinion that it is due to the pendency of the aforesaid proceeding that the dispute pertaining to encroachment has occurred and accordingly, in the aforesaid circumstances, we find it appropriate to direct SDM, Mahsi i.e. respondent no.4 to pass final order on the application of the petitioners with expedition, say within maximum period three weeks from the date a certified copy of the order is produced before him in accordance with law. 4. With the aforesaid directions, the petition stands dispose of. (Arun Kumar Singh Deshwal,J.) (Alok Mathur,J.) Order Date :- 24.6.2025 KR Digitally signed by :- RABINDRA KUMAR High Court of Judicature at Allahabad, Lucknow Bench