Neutral Citation No. - 2025:AHC-LKO:36451-DB Court No. - 2 Case :- WRIT - C No. - 6112 of 2025 Petitioner :- Mohd. Ishhaq Respondent :- State Of U.P. Thru. Prin. Secy. Revenue U.P. Lko. And 4 Others Counsel for Petitioner :- Nazmul Hasan Counsel for Respondent :- C.S.C. Hon'ble Alok Mathur,J. Hon'ble Arun Kumar Singh Deshwal,J. 1. Heard Sri Nazmul Hasan, learned counsel for the petitioner as well as learned Standing Counsel for the respondents. 2. It has been submitted by learned counsel for the petitioner that private respondents are interfering in the peaceful possession of the petitioner over the property and that the private respondents are also raising illegal construction over the disputed property. It is submitted that in this regard the petitioner has also preferred civil suit being Original Suit No. 978 of 2024 - Mohd. Ishhaq Vs. Vivek Kishwaha, in the Court of Civil Judge (Junior Division), Hardoi. 3. It is next submitted by learned counsel for the petitioners that in the said suit an application under order 39 Rule 1 and 2 CPC has also been filed which is pending consideration and the next fixed in the matter before the Civil Court is 04.07.2025. It is submitted that the in meanwhile the private respondents are proceeding to raise illegal constructions over the disputed property and present writ petition has been filed seeking direction to restrain the private respondents from raising such constructions. 4. Learned Standing Counsel on the other hand submits that once petitioners have already instituted suit proceedings, then parallel proceedings for the same cause of action would not be maintainable. Apart from above, he submits that petitioner's application under Order 39 Rule 1 and 2 CPC has also been filed in the aforesaid suit, which is pending consideration. 5. Accordingly, this Court is of the considered view that once petitioners have availed the statutory remedy by filing civil suit before the Court of Civil Judge (Junior Division), Hardoi, then for same cause of action writ petition would not be maintainable. It is submitted that next date fixed in the civil suit is 04.07.2025, and an application under Order 39 Rule 1 and 2 CPC is pending consideration, we decline to interfere in the present matter. 6. However, it shall be open for the trial Court to consider and decide application under Order 39 Rule 1 and 2 CPC for interim injunction and in case interim injunction could not be granted due to non representation of the defendants in the suit proceedings, it shall be open for the trial Court to pass ex-parte ad-interim injunction, if the case is so made out. 7. With above directions present writ petition stands disposed of. (Arun Kumar Singh Deshwal,J.) (Alok Mathur,J.) Order Date :- 25.6.2025 KR Digitally signed by :- RABINDRA KUMAR High Court of Judicature at Allahabad, Lucknow Bench