HIGH COURT OF JUDICATURE AT ALLAHABAD WRIT - C No. - 30514 of 2025 Court No. - 4 HON'BLE AJIT KUMAR, J. HON'BLE SWARUPAMA CHATURVEDI, J. 1. Heard Shri Arpit Agarwal, learned counsel appearing for the petitioner and Shri Chandra Prakash Yadav, learned Advocate representing the State-respondents. 2. By means of this writ petition filed under Article 226 of the Constitution, petitioner has questioned the order dated 14.08.2025 whereby certain directions has been issued by the Sub Divisional Magistrate, Shahjahanpur to the police to maintain law and order situation on the spot. 3. It is contended on behalf of the petitioner that a civil suit is pending in between the parties in which there is an order of status-quo operating in respect of plot no.256 Ka, area 0.162 hectares situate at village Khutar, Pargana Khutar, Tehsil Powayan, District Shahjahanpur and the Sub Divisional Magistrate exceeded his authority in making assessment of the spot situation and permitting construction activity accepting the plea of the other side that the construction is being carried out in some other plot no.93 of a different village. 4. In our considered view, this is an order passed by the Sub Divisional Magistrate, Shahjahanpur which according to the petitioner creates some sort of confusion regarding possession of the petitioner over and above plot no.256 for granting permission for construction by referring plot no.93 of some other village. Thus, it becomes a disputed question of fact as to whether the plot in question as to whether construction is going on Versus Counsel for Petitioner(s) : Apoorva Bhatt, Arpit Agarwal Counsel for Respondent(s) : C.S.C. Madhu Singh .....Petitioner(s) State Of U.P. And 6 Others .....Respondent(s) land adjacent to the plot of the petitioner or is a part of the plot of the petitioner of the same village and not the other village. 5. In the circumstances, therefore, where the civil suit is pending, the concerned court will be the competent court to order for a survey commission in respect of the plot in question for the identification of the land so as to ensure that injunction granted qua suit land is not violated. 6. Accordingly, we direct the petitioner to move an appropriate application before the civil court concerned questioning the order dated 14.8.2025 passed by the Sub Divisional Magistrate, Powayan, Shahjahanpur along with miscellaneous application under Order 39 Rule 2A of the Code of Civil Procedure and in the event, petitioner moves any such application, the trial Court will ensure that a survey commission is ordered immediately requiring identification of the suit land so as to ensure that the injunction order is not violated. 7. We leave it also open for the civil court to pass appropriate order upon the order passed by the Sub Divisional Magistrate dated 14.8.2025 which is purely an administrative order and is to be bound by the order to be passed by the civil court. October 9, 2025 Shiv WRIC No. 30514 of 2025 2 (Swarupama Chaturvedi,J.) (Ajit Kumar,J.) Digitally signed by :- SHIV KUMAR SHARMA High Court of Judicature at Allahabad