Neutral Citation No. - 2025:AHC:40925-DB HIGH COURT OF JUDICATURE AT ALLAHABAD (Sl. No. 37) Court No. - 21 Case :- WRIT - C No. - 3738 of 2025 Petitioner :- Ram Gopal Tyagi Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Rakesh Kumar Verma,Shree Prakash Giri Counsel for Respondent :- C.S.C.,Jai Bahadur Singh,Shyam Mani Shukla,Suresh C. Dwivedi Hon'ble Manoj Kumar Gupta,J. Hon'ble Anish Kumar Gupta,J. 1. The prayer made in the instant petition filed under Article 226 of the Constitution is for directing the respondent-Authority to restrain unsocial elements from creating hindrance in the raising of construction by the petitioner over plot no. 191 khasra no. 1060 situated at New Adarsh Nagar Balkeshar Mauja Ghawasan, Agra and to take decision on his application dated 7.12.2024 within a stipulated time. 2. The petitioner claims to be owner of the said land on basis of sale deed executed in his favour on 19.1.2024 by Sri Krishna Real Estate through partner Neeraj Bansal and Rajesh Gupta. The petitioner alleges that he has enclosed the said land by a boundary wall and has started raising constructions when it was obstructed by Dr. Deepak Lavania. According to the petitioner, Dr. Deepak Lavania has no right to object to the constructions. 3. Dr. Lavania has filed an impleadment application and along with which copy of plaint of Original Suit No. 390 of 2024 instituted by him against petitioner (defendant no. 1) and four others has been annexed. The Suit has been instituted under Order I Rule 8 C.P.C. in representative capacity. The suit is in respect of same property i.e. plot no. 191 and it is alleged that it is part of a public road which is having width of 30 ft and the petitioner has made encroachment over the same and is trying to raise constructions. Accordingly, the plaintiff has prayed for a permanent injunction restraining the defendants from raising any construction over the suit property and for other ancillary reliefs. The petitioner being defendant in the said suit has already filed his written statement dated 21.12.2024 and is contesting the suit. A notice issued on 12.7.2024 by Agra Development Authority, Agra to the petitioner alleging that boundary wall has been constructed by encroaching certain land has also been annexed. 4. Sri S.P. Giri, learned counsel for the applicant submits that the petitioner cannot be permitted to raise construction over public road and that the said issue is under consideration in the civil suit. 5. We find that the relief claimed is essentially against the persons who are obstructing in raising of the constructions. The aforesaid persons including Dr. Lavania, who has filed impleadment application have not been impleaded. As noted above, a civil suit at the behest of applicant seeking impleadment, is already pending and which is being contested by the petitioner. In such circumstances, we decline to examine the dispute in writ jurisdiction. We leave it open to the petitioner to contest the suit and seek appropriate relief in the suit itself or file his own independent suit, if so advised. 6. The writ petition as well as the impleadment application stand disposed of. Order Date :- 20.3.2025 Kirti (Anish Kumar Gupta, J.) (Manoj Kumar Gupta, J.) Digitally signed by :- SMT KIRTI MISHRA High Court of Judicature at Allahabad