HIGH COURT OF JUDICATURE AT ALLAHABAD WRIT - C No. - 30956 of 2025 Court No. - 40 HON'BLE SARAL SRIVASTAVA, J. HON'BLE AMITABH KUMAR RAI, J. 1. Heard Sri Ashish Kumar Singh, learned counsel for the petitioners and learned counsel for the respondents. 2. The petitioner by means of the present writ petition has prayed for the following relief:- "i. Issue a writ, order or direction in the nature of mandamus commanding the respondent authorities particularly respondent No.3 & 5 not to demolish any further structure standing over Khewat No.9, Plot No.26 situated at Mohalla Khan Alampura, Saharanpur and they be further directed to access and pay the compensation to the petitioners of approach land, possession whereof has been taken without acquisition. ii. Issue a writ, order or direction in the nature of mandamus commanding the respondent authorities be restrain from demolishing the remaining property over Plot No.26 and pay compensation of the land possession whereof has been taken on 29.07.2025 without payment of compensation under Act No.30 of 2013. iii. To pass such other and further order, which this Hon'ble Court may deem fit and proper in the circumstances of the present case. iv. Award the cost of this writ petition to the petitioner." 3. The petitioner no.2 has earlier approached this Court by filing Writ-C No.7745 of 2025 wherein this Court has passed following order on 18.03.2025:- "1. The instant petition has been filed praying for a writ of mandamus restraining the respondents from acquiring Khasra no.26 Khatauni no.76 situated at Village- Khan Versus Counsel for Petitioner(s) : Ashish Kumar Singh, Raghav Arora Counsel for Respondent(s) : C.S.C., Jai Bahadur Singh, Punit Kumar Gupta Waqf No.260, Waqf Masarif Har Chahar Masjid And Another .....Petitioner(s) State Of U.P. And 6 Others .....Respondent(s) Alampura, Pargana and Tehsil- Sadar, District- Saharanpur without adopting legal proceedings. 2. The petitioner claims himself to be Mutwalli of Waqf No.260. He relies on a certificate issued in his favour by U.P. Sunni Central Board of Waqf on 04.11.1986. No recent certificate has been filed in support of the plea that the petitioner is Mutwalli of the Waqf. Moreover, some suit at the behest of the petitioner is admitted to be pending before the civil court in respect of Waqf property. 3. Having regard to the aforesaid facts, we are not inclined to examine the claim in exercise of writ jurisdiction. It is left open to the petitioner to avail such other remedy as may be advised. 4. The petition is, accordingly, disposed of." 4. Now, the petitioner claims that he has come up with better particulars, therefore, present petition may be entertained for the same relief. 5. Since, petitioner has earlier approached this Court by filing Writ-C No.7745 of 2025 for the same relief, and this Court has dismissed the writ petition leaving it open to the petitioner to avail such other remedy as may be advised, therefore, in such view of the fact, we are of the view that present writ petition for the same relief is not maintainable and it is barred by principles of res judicata in view of the order of this Court dated 18.03.2025 passed in Writ-C No.7745 of 2025. 6. Accordingly, writ petition is dismissed with no order as to costs. September 15, 2025 Sattyarth WRIC No. 30956 of 2025 2 (Amitabh Kumar Rai,J.) (Saral Srivastava,J.) Digitally signed by :- SATTYARTH ANAND High Court of Judicature at Allahabad