HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW WRIT - C No. - 8104 of 2025 Court No. - 2 HON'BLE MRS. SANGEETA CHANDRA, J. HON'BLE BRIJ RAJ SINGH, J. 1. Heard learned counsel for the petitioner and learned Standing Counsel appearing for the State-respondents and perused the record. 2. In view of the order proposed to be passed, issuance of notice to respondent nos.4 to 8 is dispensed with. 3. This writ petition has been filed by the petitioner with the following main prayer : "(i). issue a writ, order or direction in the nature of mandamus commanding and directing the opposite party nos.1 to 3 not to demolish the house of the petitioner situated over the Gata No.243, Village Majhgawan, Pargana Aldemau, Tehsil Kadipur, District Sultanpur in any manner, in the interest of justice." 4. Admittedly, certain proceedings under Section 67-A of The U.P. Revenue Code, 2006 were initiated by respondent No.2-Sub Divisional Officer, Kadipur, District Sultanpur against the petitioner wherein Case no.1102 of 2023 which has been decided in favour of Shahnaz Bano. Another proceeding under Section 67-A under U.P. Revenue Code, 2006 was initiated by Sub-Divisional Officer in Case no.1103 of 2023 against Rabiya Bano (Daughter-in-law) in which an order has been passed on 31.03.2025, which has also been decided in favour of the other daughter in law of the petitioner. 5. The respondent no. 6 Rais, Son of Khurkhur is living jointly with other persons belonging to his family also over the disputed Gata No.243. He has encroached open certain portion of Gram Sabha land. The disputed property Versus Counsel for Petitioner(s) : Virendra Kumar Shukla Counsel for Respondent(s) : C.S.C. Nawab Ali .....Petitioner(s) District Magistrate/Collector,Sultanpur And 7 Others .....Respondent(s) Gata No.243 area 0.019 hectares has been settled in favour of daughter-in- law of the petitioner on 31.03.2023 and further area of 0.019 hectare has been settled in favour of the other daughter-in-law. 6. Now an order has been passed on 09.11.2023 by the respondent no.3 Tehsildar, Kadipur with regard to encroachment on pond land finding the petitioner to be in illegal possession over Gata No.243 area 0.559 hectare of land of Gaon Sabha Majhgawan, Pargana Aldemau, Tehsil Kadipur, District Sultanpur. 7. It has been submitted by learned counsel for the petitioner that the petitioner had filed a restoration application which is pending but the respondents are demolishing the petitioner's house situated over the said land hence, this writ petition has been filed. 8. Since the restoration application of the petitioner dated 22.11.2023 is pending before the Tehsildar, let an appropriate application for interim relief be moved by the petitioner in the said case. 9. The writ petition is dismissed as not maintainable claiming simultaneously, the same relief before this Court. August 27, 2025 Pks WRIC No. 8104 of 2025 2 (Brij Raj Singh,J.) (Mrs. Sangeeta Chandra,J.) Digitally signed by :- POOJA SETH High Court of Judicature at Allahabad, Lucknow Bench