Neutral Citation No. - 2025:AHC:52641-DB Court No. - 21 Case :- WRIT - C No. - 10692 of 2025 Petitioner :- Radha Sharma And Another Respondent :- State Of Up And 4 Others Counsel for Petitioner :- Prashant Shukla Counsel for Respondent :- Anuj Pratap Singh,C.S.C.,Ishan Deo Giri Hon'ble Manoj Kumar Gupta,J. Hon'ble Anish Kumar Gupta,J. 1. The prayer made in the instant petition is for a direction to respondent No. 3 to decide the representation of the petitioners dated 26.02.2025. In the said representation, the petitioners have alleged that the respondents without determining the share of the parties in Gata Nos. 731/732 have obtained sale-deed from their brother (respondent No. 5) and have wrongly paid sale- consideration amount to him although a related dispute is pending before this Court in Writ-C No. 23178 of 2024. The petitioners have therefore prayed for correct determination of share of the parties and for taking appropriate action for wrongful payment to respondent No. 5 and for payment of sale consideration to the petitioners as per their share. 2. The case of the petitioners is that the aforesaid land belonged to the father of the petitioners and respondent No. 5. The petitioners' claim that they had equal share in the said land but the department has wrongly obtained sale-deed from their brother, respondent No. 5, and entire compensation/sale consideration amount has also been wrongly paid to him. 3. Shri Ishan Deo Giri, learned counsel for respondent No. 2, Ms. Ishita Yadav, learned counsel for respondent No. 3 and learned Additional Chief Standing Counsel appearing for State-respondent submit that the sale deed having been obtained from respondent No. 5, the compensation/sale consideration amount has also been rightly paid to him. The petitioners have already instituted a civil suit but the same stands dismissed in default and as on date even the right claimed stands rejected. 4. A perusal of the representation dated 22.01.2025 reveals that therein the petitioners have admitted that after death of their father, the property came to be recorded in the name of respondent No. 5. The civil suit filed by the petitioners against respondent No. 5 stands dismissed in default on 07.02.2024, although a restoration application is stated to be pending. Further, the petitioners have alleged that the dispute relating to the share of the petitioners is pending before this Court in Writ-C No. 23178 of 2024 but it has not been clarified in the pleadings as to what relief was sought in the said writ petition and the proceedings from which it emanates. As the respondents have obtained sale deed from respondent No. 5 and sale consideration was paid to him, therefore, at this stage in our opinion no purpose would be served in directing to respondents to decide the representation in which the petitioners have sought an adjudication with regard to their alleged share in the subject land. The said dispute, in our considered opinion, would be beyond the power of the respondents. The petitioners admittedly had instituted a civil suit and since restoration application is pending, it shall be open to the petitioners to pursue the same and to get their rights declared therein or in any other duly constituted proceedings as advised. 5. The petition stands disposed of. Order Date :- 10.4.2025 Mukesh Kr. (Anish Kumar Gupta,J.) (Manoj Kumar Gupta,J.) Digitally signed by :- MUKESH KUMAR High Court of Judicature at Allahabad