Neutral Citation No. - 2025:AHC:119659-DB Court No. - 29 Case :- WRIT - C No. - 23504 of 2025 Petitioner :- Smt Vidyawati D Cruz Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- R S Dubey,Savita Dubey Counsel for Respondent :- C.S.C.,Vatsala Hon'ble Mahesh Chandra Tripathi,J. Hon'ble Vinod Diwakar,J. 1. Heard learned counsel for the petitioners, Shri Ambrish Shukla, learned Additional Chief Standing Counsel for the State and Mrs. Vatsala, learned counsel for the respondent no. 4. 2. The instant writ petition has been preferred for a mandamus commanding the respondent authority to restore the house of petitioner in actual position of the House No. 0736 situated at Mauja Basaratpur, Tappa Kasba, Pargana Haveli, Tehsil Sadar, District Gorakhpur, which had been illegally demolished by the respondent no. 4. 3. At the very outset, learned counsel for the respondent vehemently opposed the writ petition and submits that the writ petition as has been framed and drawn is not maintainable. The petitioner had already preferred a Civil Suit No. 1120 of 2024, wherein, learned Civil Judge (Senior Division), Gorakhpur accorded interim injunction vide order dated 31.5.2025 in favour of the plaintiff/petitioner. In case, the same has been flouted, the petitioner is having efficacious remedy under Order 39 Rule 2 A CPC and the writ petition is liable to be dismissed on the ground of statutory alternative remedy. 4. Considering the factual situation as the disputed fact had been pressed before the competent civil court, we are not inclined to entertain the writ petition on merit. Needless to say, it is always open for the petitioner to press the relief in the on- going suit proceeding. 5. With the aforesaid observations, the writ petition stands disposed of. Order Date :- 22.7.2025 A.K.Srivastava Digitally signed by :- ARUN KUMAR SRIVASTAVA High Court of Judicature at Allahabad