HIGH COURT OF JUDICATURE AT ALLAHABAD WRIT - C No. - 30101 of 2025 Court No. - 29 (SL No.9) HON'BLE MAHESH CHANDRA TRIPATHI, J. HON'BLE ANISH KUMAR GUPTA, J. 1. Heard learned Counsel for the petitioner, Ms. Anjali Upadhya, learned counsel for respondent no.2 and Sri Devesh Vikram, learned Additional Chief Standing Counsel for the State respondents. 2. The instant writ petition is preferred for the following relief: "It is, therefore, most respectfully prayed that this Hon'ble Court may graciously be pleased to issue an ad-interim mandamus commanding and directing the respondent no.2 to restrain the respondent no.3 from demolishing the existing tower in which the shop nos.1, 2 and 3 has been allotted to the petitioner in the year-2019 for which the payment of Rs.51,11,800/-(Rupees Fifty One Lacks Eleven Thousands Eight Hundred) has already been paid in the year-2017 to the respondent no.3. It is further prayed that this Hon'ble Court may graciously be pleased to direct the respondent no.2, not to allow/permit the respondent no.3/M/s. J.M.D.R. Infra Projects Private Limited, to build a new tower, and also direct to complete the existing tower and hand-over the possession over the shops to petitioner, and/or to pass any such other and further orders as Versus Counsel for Petitioner(s) : Pushpendra Kumar Mishra Counsel for Respondent(s) : Anjali Upadhya, C.S.C. Ashish Chaudhary .....Petitioner(s) State Of U.P. And 2 Others .....Respondent(s) this Hon'ble Court may deem-fit and proper under the facts and circumstances of the case." 3. A preliminary objection has raised by Ms. Anjali Upadhya and Sri Devesh Vikram that since dispute is per se between the private parties i.e., the petitioner and the private respondent no.3, M/s. J.M.D.R. Infra Projects Private Limited, hence the writ petition is not maintainable. 4. Once the objection has been raised that the writ is not maintainable as the relief is being prayed against the private respondent no.3 and confronted with this situation, learned counsel for the petitioner submits that the instant writ petition may be dismissed as not pressed and leave may be accorded to press the appropriate relief before the competent forum. 5. In view of the above, the instant writ petition is dismissed as not pressed with the aforesaid liberty. September 23, 2025 Shubham Arya WRIC No. 30101 of 2025 2 (Anish Kumar Gupta,J.) (Mahesh Chandra Tripathi,J.) Digitally signed by :- SHUBHAM ARYA High Court of Judicature at Allahabad