Neutral Citation No. - 2025:AHC-LKO:48062-DB Court No. - 2 Case :- WRIT - C No. - 7806 of 2025 Petitioner :- Pratap Yadav Respondent :- State Of U.P. Thru. Prin. Secy. Deptt. Of Revenue Lko. And 7 Others Counsel for Petitioner :- Anurag Pathak,Sonal Pandey Counsel for Respondent :- C.S.C.,Dilip Kumar Pandey,Namit Sharma Hon'ble Mrs. Sangeeta Chandra,J. Hon'ble Brij Raj Singh,J. Heard learned counsel for the petitioner, learned Standing Counsel for the State-respondents and Sri Adnan Hashmat, who has filed his power on behalf of the opposite party No.5, which is taken on record. This writ petition has been filed with following main prayers:- "I. Issue a writ, order or direction in the nature of Mandamus commanding the opposite parties 3, 4, 5 & 7 not to demolish the house of the petitioner situated at land gata No.455 of Village Dhanwa, Tehsil Sadar, District Lucknow, without issuing any show cause notice or information in writing to the petitioner and without following the due procedure of law. II. Issue a writ, order or direction in the nature of Mandamus commanding the opposite party No.3 to decide the case under section 38 of U.P. Revenue Code 2006 (earlier section 33/39 of U.P. Land Revenue Act) expeditiously moved by the petitioner in pursuance to the order dated 16.07.2025 passed by this Hon'ble Court in Writ-C No.6415 of 2025, Pratap Yadav Vs. State of U.P. & Others and till disposal of the same, the petitioner's not be demolished and he may not be evicted from his house situated at land gata No.455 of village Dhanwa, Tehsil Sadar, District Lucknow." It has been submitted by learned counsel for the petitioner that father of the petitioner, namely, Molhe was allotted a housing patta by Gram Sabha Dhanwa over Gata No.455 on 22.11.1966. However, the said land has been shown as banjar in the revenue records and, therefore, the petitioner has moved an application under Section 38 of U.P. Revenue Code, 2006 (earlier section 33/39 of U.P. Land Revenue Act) before the court of Sub Divisional Officer, Sadar, Lucknow registered as Case No.37242/2025 (T202510460237242), which is pending and during pendency of such case, the respondent-Nagar Nigam has started digging up the land of the petitioner and has destroyed his house constructed over it since 1966. Hence this writ petition. Learned counsel appearing for the Nagar Nigam, on the basis of written instructions sent by the Naib Tehsildar, Revenue Inspector and Lekhpal of Nagar Nigam, says that Gata No.455 area 3.2030 hectare is recorded under category 5-3(ड) as banjar belonging to Gram Sabha Dhanwa, the land of Gata No.455 has been earmarked for mango park for which demarcation has been carried out and only shrubs and vegetative growth has been removed by JCB and no house of the petitioner has been demolished as alleged. The instructions are taken on record. This writ petition is disposed of with direction to the petitioner to approach the court of Sub Divisional Officer where his application under Section 33/39 of U.P. Land Revenue Act / Section 38 of U.P. Revenue Code, 2006 is pending for interim relief, if he is entitled for the same. (Brij Raj Singh,J.) (Sangeeta Chandra,J.) Order Date :- 18.8.2025 Saurabh Digitally signed by :- SAURABH VERMA High Court of Judicature at Allahabad, Lucknow Bench