Neutral Citation No. - 2025:AHC-LKO:45315-DB Court No. - 2 Case :- WRIT - C No. - 7376 of 2025 Petitioner :- Jagannath Respondent :- State Of U.P. Thru. District Magistrate Sultanpur And 4 Others Counsel for Petitioner :- Prithvish Mishra,Jai Singh,Rajesh Kumar Shukla Counsel for Respondent :- C.S.C.,Mohan Singh Hon'ble Mrs. Sangeeta Chandra,J. Hon'ble Brij Raj Singh,J. 1. Heard learned counsel for the petitioner, learned Standing Counsel for the State-respondents, Sri Mohan Singh for the Gaon Sabha concerned and Sri Ashish Kumar Shukla, who has appeared on behalf of Rama Shankar Shukla, plaintiff of the case filed under Section 66 of the U.P. Revenue Code, 2006. 2. This petition has been filed by the petitioner with following main prayers:- "i) Issue a writ, order or direction in the nature of Mandamus commanding/directing the opposite party No.4 not to stop the construction being raised by the petitioner over his land Gata No.227 area 0.019 hectare, situate in Village Harthua Babhanpur, Tehsil Kadipur, District Sultanpur." 3. It has been submitted by learned counsel for the petitioner that the petitioner is a permanent resident of Village Harthua Babhanpur, Police Station Akhand Nagar, Kadipur, District Sultanpur. The petitioner was a landless person and on the proposal of the Gaon Sabha, allotment of land was made to 138 persons including the petitioner. The housing Patta was allotted on 8.5.1998 and Form 49-Cha was issued in his favour. The petitioner claimed physical possession over the land and constructed a Kachcha house over the said land and he along with his family members was living in the said house from the date of allotment. The house of the petitioner was in a dilapidated condition and he demolished the same in May, 2025 and started raising pucca constructions over there. When the slab work was in progress, the local police visited the spot and immediately stopped construction as a case is pending regarding the said Gata in the Court of A.D.M. (Finance and Revenue), Sultanpur. 4. It has been submitted by learned counsel for the petitioner that the Case bearing No.D-2017046801880 (Rama Shankar Vs. Hari Prasad and others) is pending in the Court of A.D.M. (Finance and Revenue), Sultanpur, which challenges the allotment after a lapse of 19 years. It prays for cancellation of Patta for only 14 persons. The petitioner is not one of the 14 persons, whose allotment has been stopped, to be cancelled in the said case. However, only because of such pendency, petitioner is not being allowed to construct his house. The petitioner has approached the S.D.M. and also the Superintendent of Police concerned by means of an application, but no heed has been paid. The petitioner is suffering huge loss, therefore, he has approached this Court. 5. Learned counsel for the petitioner has placed reliance upon the questionnaire filed as Annexure-3 to the writ petition, which says that petitioner is not one of the parties to the said litigation. It also says that there is no prayer for quashing of Patta allotment for Gata no.227 area 0.1110 hectare, which belongs to Jagannath son of Ram Kumar, the petitioner herein. This questionnaire is dated 23.6.2025. 6. Learned counsel appearing for Rama Shankar Shukla, who has not been impleaded as one of the respondents, but has sought impleadment/intervention in this case, has produced before this Court the questionnaire dated 7.7.2025 wherein answer to the question regarding whether there is interim order passed in the said case and whether it is operative, has been replied positively. 7. The allotment list is showing the name of petitioner Jagannath son of Ram Kumar at Serial no.10 and the entire allotment has been challenged and, therefore, the interim order passed in the said case for maintenance of status quo is also applicable to the petitioner. 8. It has also been argued by learned counsel appearing for Rama Shankar Shukla that since it is a case of the petitioner that he is not a party to the case filed for cancellation of allotment of Patta, as aforesaid, he could not have taken a questionnaire and it is highly doubtful that the questionnaire filed along with the writ petition is a genuine document. 9. Learned Standing Counsel has produced the instructions sent by the Tehsildar, Kadipur, District Sultanpur wherein it has been stated that Gata no.227, area 0.3540 hectare was allotted to several persons. The petitioner is one of them. Rama Shankar Shukla has filed Case No.D-202404680407282 under Section 66 of the U.P. Land Revenue Code, 2006. The Area Lekhpal has submitted a Spot Inspection Report on 4.8.2025. Rama Shankar Shukla has also produced before the Tehsildar and the Area Lekhpal a copy of questionnaire dated 5.7.2025 mentioning therein that the entire Gata no.227 is in question in the said case filed and pending under Section 66 of the U.P. Revenue Code, 2006. The Area Lekhpal has advised the petitioner to approach the Court of A.D.M. (Finance and Revenue), Sultanpur in the pending case to pursue his interest. The said instructions are taken on record. The copy of the report submitted by the Area Lakhpal to the Tehsildar has been enclosed to the said instructions, which is also taken on record. 10. This writ petition is disposed of with a direction to the petitioner to approach the Court of A.D.M. (Finance and Revenue), Sultanpur, as aforesaid, by filing an appropriate application in this regard. Order Date :- 5.8.2025 Sachin Digitally signed by :- SACHIN MEHROTRA High Court of Judicature at Allahabad, Lucknow Bench