HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW WRIT - C No. - 9339 of 2025 Court No. - 2 HON'BLE MRS. SANGEETA CHANDRA, J. HON'BLE BRIJ RAJ SINGH, J. 1. Heard learned counsel for the petitioners and learned Standing Counsel for the State-respondent nos.1 to 3 and perused the record. 2. This writ petition has been filed by petitioners with following main prayer: "(I). issue a writ, order or direction in the nature of mandamus commanding the opposite parties not to interfere in the physical possession and in the construction of the petitioners over Khasra plot No. 106 and 107 plot No. 12 situated at Faizullaganj, Citty and District- Lucknow." 3. The land in dispute was purchased by the petitioners and they began to raise construction but the opposite party nos.4 to 6 have not permitted the petitioners to raise constructions. Initially, a partition suit was filed under section 116 of the U.P. Revenue Code, 2006 between the co-tenure holders of Gata Nos. 106 and 107 of village Faizullaganj which partition suit, in which the vendor was also one of the tenure holder. The partition suit was dismissed on 18.02.2025. Against which appeal under section 207 of U.P. Revenue Code, 2006 has been filed in the Court of Commissioner, Lucknow Division transferred to the Additional Commissioner, who has granted ex-parte order on 27.05.2025. It has been submitted that only because of the status quo order, in appeal, where the petitioners are not a party, their construction is not being allowed to be raised. 4. The writ petition is disposed of with a direction to the petitioners to file an application for impleadment in appeal pending before the Additional Versus Counsel for Petitioner(s) : Ram Khelawan Singh Counsel for Respondent(s) : C.S.C. Shivanand Kushwaha And 2 Others .....Petitioner(s) State Of U.P. Thru. Secy. Home Deptt. Lko. And 5 Others .....Respondent(s) Commissioner, Lucknow saying that one of the tenure holders has sold all the property and their case would be likely affected if no opportunity of hearing is not provided to them. September 24, 2025 Pks WRIC No. 9339 of 2025 2 (Brij Raj Singh,J.) (Mrs. Sangeeta Chandra,J.) Digitally signed by :- POOJA SETH High Court of Judicature at Allahabad, Lucknow Bench