Neutral Citation No. - 2025:AHC:56789 Court No. - 35 Case :- WRIT - C No. - 11298 of 2025 Petitioner :- Dinu Respondent :- State Of U.P. And 9 Others Counsel for Petitioner :- Arvind Kumar Rai,Hemant Kumar Rai,Rajesh Rai Counsel for Respondent :- C.S.C.,Mohd Hamid,Rameshwar Prasad Shukla Hon'ble Manish Kumar Nigam,J. 1. Heard learned counsel for the parties and perused the record. 2. This petition has been filed for the following relief: "(i) a writ, order or direction in the nature of CERTIORARI to quash/set aside the entire impugned proceeding as well as the interim stay order dated 19.12.2024 (Annexure No. 11 to the writ petition) in case no. 1522 /2024, Computer Case No. T202415060401522, Dukhanti and others Vs. Arvind Kumar and others, U/s-116 of U.P. Revenue Code, 2006, Village Pakari Kala, Pargana Devgaon, Tehsil Lalganj, District Azamgarh pending before the respondent no.2 (Annexure No.4 to the writ petition). (ii) a or writ, order direction in the nature of MANDAMUS commanding and directing the respondent authorities as well as the private respondents not to interfere in the peaceful possession, use and occupation of the vested land property bearing Arazi No.2029 Area- 168 kari with the petitioner in any manner on the pretext of above said instituted proceeding U/s 116 of the Code, 2006." 3. In proceedings under Section 116 of the U.P. Revenue Code, 2006, initially an interim order was granted which was vacated on an application filed by the petitioners. Preliminary decree has been passed in the proceedings and preparation for final kurra is under way. In the meantime, an application was moved by the one of the plaintiffs that the present petitioner is raising construction over the land in dispute. On an application moved by respondents, a report was called by the Sub Divisional Magistrate in which it has been stated that the petitioner is constructing a house. Thereafter, the Sub Divisional Magistrate, passed an order directing the parties to maintain status quo and prohibiting any new constructions. 4. The prayer in the writ petition is for quashing the proceedings of the partition suit. There is no denial in the writ petition that the petitioner is not raising construction over the land in dispute. 5. Since the proceedings for partition are under way and any construction raised by any of the parties may prejudice the rights of the other party. 6. In view of the above, no illegality have been committed by the court below in granting an order of status quo and prohibiting the new constructions. 7. Accordingly, the writ petition is dismissed. Order Date :- 17.4.2025 Ved Prakash (Manish Kumar Nigam,J.) Digitally signed by :- VED PRAKASH SHARMA High Court of Judicature at Allahabad Digitally signed by :- VED PRAKASH SHARMA High Court of Judicature at Allahabad