HIGH COURT OF JUDICATURE AT ALLAHABAD WRIT - C No. - 30392 of 2025 Court No. - 40 HON'BLE SARAL SRIVASTAVA, J. HON'BLE AMITABH KUMAR RAI, J. 1. Heard learned counsel for the petitioner, learned Standing Counsel for respondent nos.1 & 2 and Sri Raghuvansh Misra, learned counsel for respondent nos.3 & 4. 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 and directing the respondents especially the respondent no.3-Nagar Aayukta, Nagar Nigam, District-Ghaziabad to take appropriate action upon the application of the petitioner dated 28.03.2025 /12.06.2025, and redress the grievances of the petitioner accordingly, otherwise the applicant /petitioner shall suffer an irreparable loss and injury. (ii) Issue a writ, order or direction in the nature of mandamus commanding and directing the respondents especially the respondent no.3-Nagar Aayukta, Nagar Nigam, District-Ghaziabad not to dispossess petitioner from his House situated at Plot No.1429 and not to harass the petitioner and also to pass order or direction in the nature of mandamus commanding and directing the respondent no.3 to take appropriate action upon the application of the petitioner dated 28.03.2025/12.06.2025 and redress the grievances of the petitioner. (iii). Issue a writ, order or direction in the nature of mandamus commanding and directing the respondents especially the respondent no.3-Nagar Aayukta. Nagar Nigam, District-Ghaziabad not to encroach the petitioner's land illegally and forcibly, and redress the grievances of the petitioner accordingly, otherwise the applicant /petitioner shall suffer an irreparable loss and injury. Versus Counsel for Petitioner(s) : Abhishek Kumar Yadav, Ajay Singh Yadav Counsel for Respondent(s) : C.S.C., Raghuvansh Misra Tasabbur Hussain .....Petitioner(s) The State Of U.P. And 4 Others .....Respondent(s) (iv). Issue any other writ, order or direction which this Hon'ble Court may deem fit and proper in the facts and circumstances of the case. (v). Award the costs of the writ petition to the petitioner." 3. It is contended by the learned counsel for the petitioner that petitioner is in possession over the Khasra No.1429 measuring 1-7-0 in Village Arthala. It is contended that there is a decree in Original Suit No.36 of 1977 (Gzaffar Hussain Vs. State of U.P.) in favour of plaintiff holding that plaintiff's construction over the plot in dispute is of 26 years old, and therefore, plaintiff cannot be evicted from the same unless competent Revenue Court orders deciding the title of the plaintiff. On the basis of the aforesaid decree, petitioner claims that he is in possession over the plot in dispute. 4. Sri Raghuvansh Misra, learned counsel for respondent nos.3 & 4 on the basis of instruction, which is taken on record, submits that Nagar Nigam is not initiating any demolition drive against the petitioner inasmuch as the Nagar Nigam is in possession over the plot in dispute. 5. In view of the statement made by Sri Raghuvansh Misra, learned counsel for respondent nos.3 & 4, we find that no further order is required. If the petitioner is in possession over the plot in dispute, it is expected from the authority concerned to adopt a due process of law to evict the petitioner from the plot in dispute. 6. Accordingly, the writ petition is disposed off subject to observations made above. September 11, 2025 Sattyarth WRIC No. 30392 of 2025 2 (Amitabh Kumar Rai,J.) (Saral Srivastava,J.) Digitally signed by :- SATTYARTH ANAND High Court of Judicature at Allahabad