Neutral Citation No. - 2025:AHC-LKO:2062-DB Court No. - 2 Case :- WRIT - C No. - 10148 of 2024 Petitioner :- Teerath Ram Gupta Respondent :- State Of U.P. Thru. Secy. Deptt. Of Revenue Lko. And 10 Others Counsel for Petitioner :- Ashok Kumar Pathak,Ram Chandra Dwivedi Counsel for Respondent :- C.S.C. Hon'ble Rajan Roy,J. Hon'ble Brij Raj Singh,J. 1. Supplementary affidavit with affidavit of service filed on behalf of the petitioner is taken on record. 2. Shri Ratnesh Singh, Advocate has filed his vakalatnama on behalf of the opposite parties no. 6 to 11. The same is taken on record. 3. Heard learned counsel for the petitioner, learned Additional Chief Standing Counsel for the State and Shri Ratnesh Singh, learned counsel for the opposite parties no. 6 to 11. 4. On 22.11.2024 we had passed following order:- "1. Let learned Standing Counsel seek instructions as to whether demarcation of the petitioner's possession has taken place as ordered by the Sub-Divisional Magistrate, Jamunaha, District Shrawasti on 26.08.2019, if not, the reasons therefor. Is there any order of any Court impeding the undertaking of construction by the petitioner on adadi land in his possession? Is there any legal impediment in this regard specially as it is the claim of the petitioner that temporary injunction initially granted in favour of opposite party no.6 in Regular Suit No.216 of 2021 has been vacated and Application C-6 for grant of temporary injunction has been rejected. If the demarcation has already taken place as claimed by the petitioner based on the report annexed as Annexure -6 to the writ petition then what is the impediment for the petitioner being allowed to construct his house and who is creating hindrance. 2. Learned Standing Counsel shall also seek instructions from opposite party no.5 as to whether police authorities are interfering into the possession of the petitioner. 3. Let Dasti notice be issued to the petitioner for service on opposite parties no.6 to 11, who shall serve the said notice on opposite parties no.6 to 11 and file proof of service. 4. List on 10.01.2025, as fresh." 5. Ms. Akansha Dubey, learned Additional Chief Standing Counsel for the State has received instructions from the Tehsil Authorities and Police Authorities that there is no interference by them in the use and enjoyment of the land owned by the petitioner. Earlier, there was a temporary injunction by the Civil Court, but, the same has been vacated on 14.02.2024, meaning thereby, the Official opposite parties admit to the stand of the petitioner in this regard. 6. In view of the aforesaid, without prejudice to the rights of the opposite parties no. 6 to 11 herein in any proceedings which may be pending before the Civil Court or which may be initiated hereafter or any criminal proceeding, it is provided that none of the Official opposite parties shall interfere in rights, if any, of the petitioner in respect of the land in question. The Police Authorities specifically shall not interfere unless there is an apprehension of commission of a crime or it is actually committed or there is any apprehension of breach of peace or there are any valid ground for interference in any statute or law with intimation to the higher authorities. 7. We make it clear that we have not at all adjudicated the rights of the petitioner in respect of the land in question regarding which the suit is pending, but, have only adjudicated the rights of the Officials opposite parties to interfere with the title and possession as claimed by the petitioner. 8. With the aforesaid observations/directions, the writ petition is disposed of. 9. Our order shall not be treated conferring any right of title or possession upon the petitioner if it is otherwise disputed. . (Brij Raj Singh,J.) (Rajan Roy,J.) Order Date :- 10.1.2025 R.K.P. Digitally signed by :- RAJ KUMAR PATEL High Court of Judicature at Allahabad, Lucknow Bench