Neutral Citation No. - 2025:AHC:85500-DB Court No. - 21 Case :- WRIT - C No. - 16413 of 2025 Petitioner :- Gram Swarajya Junior High School Respondent :- Up Awas Evam Vikash Parishad Up At Lucknow And 4 Others Counsel for Petitioner :- Arti Raje,Shriya Raje Counsel for Respondent :- C.S.C.,Nipun Singh 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 Housing Commissioner, U.P. Awas evam Vikas Parishad, to pay Rs. 20,00,000/- as compensation to the petitioner for carrying out demolition of the school building and boundary wall without following the process of law and for restraining the respondents from interfering in peaceful possession of the petitioner over an area of 1/3 of 1/2 portion of 1.24 acre of Arazi No. 576, Kasba Jalaun, Tehsil Jalaun, District Jalaun. 2. The case of the petitioner is that the respondents have carried out demolition of the school building and boundary wall without acquisition of the land. It is alleged that the petitioner is Bhumidhar of the subject land. 3. It is not disputed before us that the petitioner has instituted Original Suit No. 133 of 2005 against Housing Commisioner, U.P. Awas Evam Vikas Parishad, its officials, and the State Government, for permanent prohibitory injunction restraining the defendants from interfering in the possession of the petitioner and also from demolishing the boundary wall and other constructions existing over it. In the said suit, an application for temporary injunction was also filed by the petitioner but no temporary injunction has been granted till date. 4.It is submitted by counsel for the petitioner that the injunction application is still pending. 5. A perusal of the plaint reveals that in paragraph 9 thereof it is asserted that the acquisition of the land of college is against public interest and also principles of natural justice. In para 10, it is stated that the plaintiff was not aware of the acquisition and was also not given notice at any stage. The petitioner has questioned the validity of the acquisition proceedings. 6. As the petitioner in the plaint has admitted that the land was acquired, although the validity of the acquisition has been questioned, therefore, we are of the opinion that the case set up in the writ petition that there was no acquisition, is self contradictory and inconsistent. 7. In view of the pendency of civil suit between the parties in respect of the same land, we are not inclined to examine the issue relating to grant of damages in the present proceedings and leave it open to the petitioner, if so advised, to amend the plaint and seek appropriate relief therein. 8. With the aforesaid liberty, the petition stands disposed of. (Anish Kumar Gupta, J.) (Manoj Kumar Gupta, J.) Order Date :- 21.5.2025 Ruhi H. Digitally signed by :- RUHI HASAN High Court of Judicature at Allahabad