Neutral Citation No. - 2025:AHC:30620-DB HIGH COURT OF JUDICATURE AT ALLAHABAD (Sl. No. 37) Court No. - 21 Case :- WRIT - C No. - 1326 of 2025 Petitioner :- Ayodhaya Prasad Kandu Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- R S Dubey,Savita Dubey Counsel for Respondent :- C.S.C.,R S Dubey Hon'ble Manoj Kumar Gupta,J. Hon'ble Anish Kumar Gupta,J. 1. The instant petition has been filed praying for a writ of mandamus directing the respondents not to proceed with the construction of any park over bhumidhari land of the petitioner situated in Village-Sawapar (Mahuli East), Tehsil-Dhanghata, District-Sant Kabir Nagar without following the process of law and also without paying compensation to the petitioner. 2. The case of the petitioner is that he is recorded tenure holder of arazi no. 88/1 area 0.1260 hectare. The respondents have started construction of a public park/ water park over the said land without his consent. The petitioner has approached the Authority resisting their action but no redressal has been provided. 3. Sri Rakesh Kumar Srivastava, Advocate states that the petitioner has instituted Original Suit No. 73 of 2024 before Civil Judge (Senior Division), Sant Kabir Nagar against Ravindra Pratap Shahi @ Pappu Shahi, Nagar Panchayat, Hariharpur and State of U.P. and certain other private persons in respect of the same land for permanent prohibitory injunction and the said suit is still pending. He has filed the instant petition by concealing the said material fact. 4. Learned Standing Counsel has placed on record the written instructions received from the State-respondents wherein the stand taken is that an area measuring 2.822 of Gata no. 88 is recorded in the revenue records in name of Gram Samaj as Taliya. Moreover, a declaratory suit has been instituted by defendant no. 1-Ravindra Pratap Shahi of Original Suit No. 73 of 2024 in respect of the same land and that is pending. 5. Learned counsel for the petitioner concedes that the petitioner has not disclosed about the pendency of the civil suit and the declaratory suit aforesaid before the civil court and revenue courts, respectively. 6. Since the petition has been filed by concealment of material facts and the petitioner has already claimed relief of permanent prohibitory injunction in the civil suit filed by him, therefore, we find no good ground to entertain the instant petition to examine the claim parallelly in the present proceedings. 7. The petition stands disposed of without prejudice to the pleas and contentions in the pending proceedings before the civil court and the revenue court. Order Date :- 4.3.2025 Kirti (Anish Kumar Gupta, J.) (Manoj Kumar Gupta, J.) Digitally signed by :- SMT KIRTI MISHRA High Court of Judicature at Allahabad