HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW WRIT - C No. - 7474 of 2025 Court No. - 2 HON'BLE MRS. SANGEETA CHANDRA, J. HON'BLE BRIJ RAJ SINGH, J. 1. Heard learned counsel for the petitioners, learned Standing Counsel, who appears for the State-opposite parties, Shri Ashish Kumar Verma, learned counsel for opposite party no.5 and perused the record. 2. This writ petition has been filed by petitioners with following main prayer(s): "(i) Issue a writ, order or direction in the nature of 'Certiorari' to quash the impugned order dated 23-07-2025, as contained in Annexure No. 1 to this writ petition. (ii) Issue a writ, order or direction in the nature of 'Mandamus' commanding the opposite parties not to interfere in the construction of the petitioners over the land in dispute and not to dispossess by such a manner without following procedure of law." 3. It has been submitted by learned counsel for the petitioner that the land in dispute bearing Gata No.11 is recorded in the name of Smt. Shesh Kumari Singh, Smt. Uma Singh, Shri Ajeet Singh and Shri Abhay Singh, who have transferred the land in favour of the petitioners through registered sale deed on 28.12.2022. The mutation order has been passed by the Tehsildar after hearing objection of opposite party no.5 and other objections raised by Shri Durga Prasad Mishra and Dilip Kumar and others. Thereafter name of the petitioners have been mutated in the revenue records on 11.12.2023. Opposite party no.5 started interfering in Versus Counsel for Petitioner(s) : Brajesh Kumar Chaudhary Counsel for Respondent(s) : C.S.C., Ashish Kumar Verma, Shiv Kumar Vishwakarma Pawan Kumar And Another .....Petitioner(s) State Of U.P. Thru. Prin. Revenue Deptt. Lko And 4 Others .....Respondent(s) the peaceful possession of the petitioner and did not allow the petitioners to raise any construction. Hence the petitioners filed suit for permanent injunction before the Civil Judge, North (Senior Division), Room No.25, Sultanpur, which is pending. No interim injunction has been passed therein. Meanwhile opposite party nos.3 and 4 visited the plot in question on 23.07.2025 and directed the petitioners to appear before opposite party no.2 on 24.07.2025 and it was also directed that status quo on the land in question be maintained between the parties in the meantime. It is this order, which has been challenged by the petitioners on the ground that the State Government has repeatedly issued government orders directing the administrative officers not to interfere in a case pending before the competent court. Copy of Government Order dated 03.08.2022 has been filed as Annexure No.6 to this writ petition. 4. Opposite party no.5 has filed counter affidavit, wherein copy of the application moved to the District Magistrate, Sultanpur has been filed as annexure at page 62. It is evident that such application has been moved on a plain piece of paper saying that opposite party no.5/applicant had bought certain portion of Gata No.11 from erstwhile owners and certain portion of the land was bought by Pawan Kumar and Raj Kumar, but Pawan Kumar and Raj Kumar were constructing their house on the entire plot of Gata No.11 at great speed. On such application moved on a plain piece of paper, the District Magistrate, Sultanpur on 23.07.2025 directed the Sub Divisional Magistrate, Baldirai, Sultanpur to conduct an inquiry and submit a report. It is in pursuance of such order passed by the District Magistrate, Sultanpur, impugned communication dated 23.07.2025 has been made to the petitioners. 5. Learned counsel for opposite party no.5 has also stated before this Court that the petitioners have concealed the fact that opposite party no.5 has also filed a civil suit. However, he fairly states that there is no interim injunction granted in favour of opposite party no.5. 6. Learned Standing Counsel, on the basis of instructions that have been sent by the Sub Divisional Magistrate, Baldirai, Sultanpur to the office of Chief Standing Counsel, a copy of which has been produced before this Court, states that on the basis of application made by opposite party no.5 WRIC No. 7474 of 2025 2 and endorsement made thereon by the District Magistrate, Sultanpur, a team of revenue officials was sent to inspect Gata No.11/0.2720 hectare and the impugned communication has been made to both the parties to approach the office of the Sub Divisional Magistrate, Baldirai, Sultanpur for resolving the dispute and in the meantime, to maintain status quo over the land in dispute. 7. Such application as made by opposite party no.5 on a plain piece of paper in the matter, which was pending before the competent civil court, could not have been entertained by the District Magistrate. The Sub Divisional Magistrate, Baldirai, Sultanpur has complied with the directions issued by the District Magistrate, Sultanpur without application of mind. However, this Court notices that in the application, there was no mention of any dispute pending before any competent court and therefore, it is evident that opposite party no.5 resorted to concealment and misrepresentation of facts before the District Magistrate. 8. We set aside the order impugned in the writ petition. It shall be open to the parties to pursue their suit before the civil court, where the matter is reported to be pending. 9. The writ petition is disposed of accordingly. September 10, 2025 Anupam S/- WRIC No. 7474 of 2025 3 (Brij Raj Singh,J.) (Mrs. Sangeeta Chandra,J.) Digitally signed by :- ANUPAM SINGH PATEL High Court of Judicature at Allahabad, Lucknow Bench