Neutral Citation No. - 2025:AHC:84776-DB HIGH COURT OF JUDICATURE AT ALLAHABAD (Sl. No. 67) Court No. - 21 Case :- WRIT - C No. - 13219 of 2025 Petitioner :- Jagannath Respondent :- Union Of India And 4 Others Counsel for Petitioner :- Anil Kumar Singh,Shashank Singh Counsel for Respondent :- A.S.G.I.,C.S.C.,Rajesh Kumar Jaiswal Hon'ble Manoj Kumar Gupta,J. Hon'ble Anish Kumar Gupta,J. In Re: Civil Misc. Amendment Application No. 4 of 2025. 1. Heard. 2. The amendment application is allowed. 3. Let necessary amendment be made in the cause title in terms of the instant order and the prayer made in the amendment application. Order on Writ Petition 4. Heard Sri Anil Kumar Singh, learned counsel for the petitioner, Sri R.K. Jaiswal, learned counsel for the respondents no. 1 and 3 and learned Standing Counsel for the State-respondents. 5. The petitioner has assailed a notice dated 11.04.2025 issued by Assistant Engineer, NH Division, P.W.D., Ghaziabad intimating the petitioner that he had made illegal construction of his shop on the right side of road between 16.10 meters from the center of the road. The petitioner should remove the same within three days failing which, it would be removed by the authorities and the National Highway would be restored in its original form. 6. Learned counsel for the petitioner submits that petitioner has purchased the shop in question by means of a registered sale deed in the year 2002. It is also submitted that the petitioner has also instituted a civil suit against the State and the same is pending. However, during its pendency the respondents have illegally issued the impugned notice. 7. A perusal of the plaint of the suit instituted by the petitioner along with three other persons reveals that the suit is against the District Magistrate, PWD, SDM and the State of U.P. The petitioner has prayed for a decree of permanent injunction restraining the defendants from interfering in his possession and from demolishing the constructions. In the said suit, the petitioner also filed an application for ad interim ex parte injunction but the same was not granted and only notice was issued to the defendants. The petitioner thereafter, approached this Court by way of a petition under Article 227 bearing no. 296 of 2025 (Jagannath & others vs. District Magistrate and others), which was disposed of with direction to the trial court to decide the injunction application within two months. 8. Having regard to the said factual position, we are of the opinion that the petitioner has efficacious remedy of seeking injunction in the suit pending at his behest against the State. Consequently, we decline to examine the challenge in exercise of writ jurisdiction. 9. The petition stands disposed of with liberty to the petitioner as aforesaid. Order Date :- 20.5.2025 Kirti (Anish Kumar Gupta, J.) (Manoj Kumar Gupta,J.) Digitally signed by :- SMT KIRTI MISHRA High Court of Judicature at Allahabad