Neutral Citation No. - 2025:AHC:90776-DB Court No. - 21 Case :- WRIT - C No. - 17193 of 2025 Petitioner :- Smt Vineeta And 2 Others Respondent :- State Of U.P. And 7 Others Counsel for Petitioner :- Mithilesh Kumar Tiwari Counsel for Respondent :- Abhinava Krishna Srivastava,C.S.C.,Shiv Prakash Gupta Hon'ble Manoj Kumar Gupta,J. Hon'ble Anish Kumar Gupta,J. 1. Heard learned counsel for the petitioner, learned Standing Counsel for the State and Shri Ajay Singh, learned counsel for respondents no.2, 3, 4, 5, 6 and 8. 3. The petitioners have challenged an eviction notice dated 07.05.2025 issued by respondent no.6 i.e., In-charge, Chief Engineer, Kanpur Development Authority, Kanpur and have also prayed for a writ of mandamus restraining the respondents from evicting the petitioners from Plot No.2 MIG-2 and Plot No.480 area 0.256 hectare (1 bigha 5 biswa), Plot No.508 area 0.236 hectare (1 bigha 3 biswa), Plot No.509 area 0.051 hectare (5 biswa) situated in Village- Dabauli West, Kanpur Nagar and not to demolish the construction of the petitioners situated upon the land in dispute in pursuance of the impugned order of eviction dated 07.05.2025 passed by the respondent no.6. 4. The eviction notice assailed in the writ petition is, in fact, a communication between respondent no.6 and Additional Police Commissioner, Kanpur Nagar for making available requisite police force on 04.06.2025 for effecting eviction of unauthorized occupants from Plot No.2 MIG-2, Dabauli, Kanpur. 5. The case of the petitioners is that their predecessor in interest filed Writ No.5471 of 1981 challenging the land acquisition proceedings in respect of the subject land. The said writ petition was disposed of on 23.04.1999 with liberty to the predecessor in interest of the petitioners to move appropriate application for depositing betterment charges and for exemption of their land from the acquisition. The application filed for the said purpose came to be rejected by order dated 03.12.2011. The same was assailed by the husband of petitioner no.1 and father of petitioners no.2 and 3 by filing Writ No.7085 of 2012 and the said writ petition is pending. During its pendency, the impugned communication has been issued and the petitioners are under imminent threat of eviction. 6. Learned counsel for Kanpur Development Authority, Kanpur submits that since the writ petition filed by the petitioners is pending, the petitioners should obtain relief in the pending writ petition. 7. Learned counsel for the petitioner does not dispute that the writ petition aforesaid is in relation to the same land. It is also not disputed that another Writ No.31837 of 2017 is also pending between the parties in relation to the same land before this court. He submits that the petitioners would file application for interim relief in the pending petitions but for a short duration, their interest may be protected, as even if any stay application is filed in the pending cases, it is not likely to be heard before the summer vacations. 8. Having regard to the entire aspect and the submissions made, we dispose of the instant petition with liberty to the petitioners to file appropriate application for interim relief in the pending writ petitions. For a period of six weeks from today, we provide that the respondents would not take any step against the petitioners for their eviction in pursuance of the impugned communication. 9. We clarify that we have not granted the above protection to the petitioners on basis of the merits of their case but solely on the ground that stay application, if moved, is not likely to be taken up before start of the summer vacations. (Anish Kumar Gupta, J.) (Manoj Kumar Gupta, J.) Order Date :- 27.5.2025 Ankit. Digitally signed by :- ANKIT VISHWAKARMA High Court of Judicature at Allahabad