Neutral Citation No. - 2025:AHC:76472 Court No. - 34 Case :- WRIT - C No. - 28998 of 2024 Petitioner :- Paras Nath Respondent :- State Of Up And 3 Others Counsel for Petitioner :- Arun Kumar Misra,Vinod Kumar Upadhyay Counsel for Respondent :- Bhupendra Kumar Tripathi,C.S.C. Hon'ble Syed Qamar Hasan Rizvi,J. 1. Heard Sri Vinod Kumar Upadhyay, learned counsel for the petitioner and Sri Jitendra Narain Rai, learned Additional Chief Standing Counsel for the State- respondents. 2. By means of the present writ petition, the petitioner has prayed for the following relief: "(i) Issue a writ, order or direction in the nature of mandamus commanding and directing the respondents to remove the khadanja from plot No.224 and also grant possession to the petitioner in compliance of the order dated 09.01.2023 passed by respondent no.3 in Case No.5971/2022 (Paras Nath versus Gram Sabha and others). (ii) Issue a writ, order or direction in the nature of mandamus commanding and directing the respondent no.2 and 3 to decide the complaint dated 13.10.2023." 3. This Court vide order dated 25.04.2025 directed the Sub Divisional Officer, Tehsil- Madiyahun, District- Jaunpur, to be present before this Court along with complete records for providing assistance in the disposal of the dispute in question. 4. In compliance of the aforesaid order, Sri Kunal Gaurav, Sub Divisional Officer, Tehsil- Madiyahun, District- Jaunpur is present along with record and has filed personal affidavit dated 09.05.2024. The said personal affidavit is taken on record. Paragraph no.10 of the aforesaid personal affidavit narrates the facts as under: "10. That apart from the above, in the matter of the order dated 09.01.2023 passed by the then Sub Divisional Magistrate, Madiyahun, under Section 24 of the U.P. Revenue Code, 2006, is concerned with regard to mention of Khadanja Marg on the Arazi No.224, being demarcated, in this regard. It is stated that vide order dated 09.01.2023, while verifying the Demarcation Report and the Field Book dated 10.07.2022 of the Tehsildar, Madiyahun, District- Jaunpur, the Field Book is treated to be the part of the order. In the Field Book dated 10.07.2022 submitted along with the Demarcation Report, as an effected area, Point H to I = 0150 Kadigantri, Point J to K = 0090 Kadigantri, Point K to K1 = 0060 Kadigantri, Point I to J = 0080 Kadigantri, Point K to H = 0100 Kadigantri (will be obtained from Southern Area and on an partial part thereto, Khadanja is constructed. Point Q to Q1 = Kadigantri, Point R to R1 = 0025 Kadigantri and Point Q to R = 0140 Kadigantri (Western direction will left), is mentioned." 5. It has also been brought to the notice of this Court that one Sri Mehi Lal son of Mahadev has filed an appeal under Section 24(4) of the U.P. Revenue Code, 2006 bearing Appeal No.1767 of 2023 (Computerized Case No. C202314000001767 (Mehi Lal versus Paras Nath and others) against the order dated 09.01.2023 passed in Case No.5971 of 2022, before the Court of learned Additional Commissioner, Judicial (1st), Varanasi Division, Varanasi. The said appeal is pending for adjudication, wherein the present petitioner, namely, Paras Nath has already put in his appearance and has filed objections on 18.09.2023. 6. In view of the aforesaid situation, once the order dated 09.01.2023 compliance of which has been sought by the petitioner in the writ petition, is under challenge before the Appellate Court, the relief as prayed for in the present writ petition cannot be granted at this stage. 7. Accordingly, the instant writ petition is consigned to record with the aforesaid observations. Order Date :- 12.5.2025 Abhishek Gupta Digitally signed by :- ABHISHEK GUPTA High Court of Judicature at Allahabad