Neutral Citation No. - 2025:AHC:74244 Court No. - 35 Case :- WRIT - C No. - 14512 of 2025 Petitioner :- Avnindra Dutt Dubey Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Raees Ahamad,Sanjay Kumar Srivastava Counsel for Respondent :- C.S.C. Hon'ble Manish Kumar Nigam,J. 1. Heard learned counsel for the petitioner, learned Standing Counsel for the State and perused the record. 2. The instant writ petition has been filed for the following relief: "A. Issue a writ order or direction in the nature of Mandamus commanding the respondent No. 4 not to raise any construction over the (Khata No. 00359 Arazi No. 75/larea 2.5010 hectare and Arazi No. 75/2 area 0.2710 hectare total area 2.7720hectare situated in Village (Pargana) Jaitpura, Tehsil -Sadar, District-Varanasi (Sampurnanand Sanskrit Vishwa Vidalaya Compound Varanasi). B. Issue a writ order or direction in the nature of Mandamus decide the appeal No. 243 of 2025 (Sampurnanand Sanskrit Vishwa Vidalaya Varanasi Vs. Avindra Dutt Dubey & Another) Under Section 35 (1) of U.P. Revenue Code 2006 with stipulated period fixed by this Hon'ble Court." 3. Contention of the learned counsel for the petitioner is that an appeal has been filed by the respondents before Commissioner/respondent no. 2 against an order passed under Section 34 of the U.P. Revenue Code, 2006 passed in favour of the petitioner. It is further contended by learned counsel for the petitioner that despite appeal being pending, constructions are being raised by the respondent no. 4. 4. Learned Standing Counsel has submitted that no useful purpose would be served in keeping this petition pending and the petitioner can file appropriate application for interim injunction in the pending appeal. 5. Considering the facts and circumstances of the case, without expressing any opinion on the merits of the case, the present petition stands disposed of with liberty to the petitioner to move appropriate application for interim relief in the pending appeal before respondent no. 2. 6. In case, the petitioner moves such application within two weeks, the same shall be considered and decided by respondent no. 2, in accordance with law, expeditiously, preferably within a period of next four weeks, after ensuring service upon all the opposite parties and giving opportunity of hearing to the parties concerned and without granting unnecessary adjournments to either of the parties provided that there is no other legal impediment. Order Date :- 8.5.2025 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 Digitally signed by :- VED PRAKASH SHARMA High Court of Judicature at Allahabad