HIGH COURT OF JUDICATURE AT ALLAHABAD WRIT - C No. - 33968 of 2025 Court No. - 39 HON'BLE ARINDAM SINHA, J. HON'BLE SATYA VEER SINGH, J. 1. Mr. A.K. Upadhyay, learned advocate appears on behalf of petitioner and submits, his client was issued eviction order dated 3rd July, 2025 by respondent no. 3 (the Collector). He preferred appeal. Inspite thereof, the authorities proceeded to demolish the shop, in which he was tenant, along with other shops. He seeks direction of restraint by relying on order dated 11th September, 2025 of coordinate Bench disposing of Writ C no. 30414 of 2025 (Nawab vs. State of U.P. and 3 others). He submits further, there also be direction issued restraining the authorities from making constructions. 2. Mr. G.C. Tiwari, learned advocate, Standing Counsel appears on behalf of State. Mr. Raghuvansh Misra, learned advocate appears on behalf of respondent no. 2 (the Nagar Nigam). On query he submits, demolition has already happened. Mr. Upadhyay submits, demolition was partial. Mr. Tiwari submits, there was no stay order in the appeal and demolition was complete on 18th August, 2025. 3. The petition was filed on 19th September, 2025. The writ Court will not go into controversy regarding demolition, whether partial or total. More so because there is no statement regarding demolition in the petition. There is also no statement regarding construction. As such we do not find petitioner has a present cause on his such contentions. Petitioner's prayer regarding demolition and construction cannot be acceded to. 4. So far as recovery of penalty is concerned, we have ascertained from Versus Counsel for Petitioner(s) : Akash Tripathi Counsel for Respondent(s) : C.S.C., Raghuvansh Misra Krishna Patel Alias Pappu .....Petitioner(s) State of U.P. and 3 others .....Respondent(s) Mr. Raghuvansh Misra that petitioner is similarly situate as petitioner in Writ C no. 30414 of 2025. As such he stands covered by order dated 11th September, 2025 (supra). There will be stay of recovery awaiting decision in petitioner's pending appeal. 5. The writ petition is disposed of. October 9, 2025 Jaswant WRIC No. 33968 of 2025 2 (Arindam Sinha,J.) (Satya Veer Singh,J.) Digitally signed by :- JASWANT KUMAR High Court of Judicature at Allahabad