HIGH COURT OF JUDICATURE AT ALLAHABAD WRIT - C No. - 31082 of 2025 Court No. - 34 HON'BLE ROHIT RANJAN AGARWAL, J. 1. Instructions from State side have come, which are taken on record. 2. This writ petition has been filed with the following prayers:- "A) To issue a Writ, Order or Direction in the nature of Mandamus directing the Respondent No. 2, 4 and 5 to restore the possession of Petitioner on Plot No. 304/816 area 0.1090 Hectare forthwith, from which the Petitioner has been illegally dispossessed by Respondents forcefully by administrative action, during the pendency of Case No. 11386/2024 filed under Section 24 of U.P. Revenue Code 2006. B) To issue a Writ, Order or Direction in the nature of Mandamus directing the Respondents to pay the damages for illegal demolishing of the boundary wall and other construction standing on Plot No. 304/816 by their illegal action without following of due course of law and during the pendency of Case No. 11386/2024 filed under Section 24 of U.P. Revenue Code 2006. C) To issue a Writ, Order or direction in the nature of Mandamus directing the Respondent No. 1 to take suitable departmental action against all erring Official Respondents for manifestly misusing their position to provide undue benefit to the Respondent No. 13." 3. At the very outset, a preliminary objection has been raised by Sri Gulrez Khan, learned counsel appearing for private respondent no. 13 as to maintainability of the writ petition on the ground that Civil Suit No. 227 of 2020 is pending for the relief of permanent injunction before the Versus Counsel for Petitioner(s) : Anurag Prasad, Pradeep Kumar Singh Counsel for Respondent(s) : C.S.C., Gulrez Khan, Hari Narayan Singh Sajjan Kumar .....Petitioner(s) The State Of U.P. And 12 Other .....Respondent(s) court of Civil Judge (Junior Division), Auraiya. In the said suit, an interim injunction was granted on 24.08.2022 and the parties were directed to maintain status quo over the land in dispute. The petitioner, before this Court, had purchased Plot No. 304/816 through registered sale-deed on 22.10.2019. The petitioner had moved an application under Section 24 of U.P. Revenue Code, 2006 for demarcation of property on 06.01.2020. Measurement was carried out on 15.07.2020 and the report so submitted was accepted by Sub Divisional Officer on 03.09.2020. Demarcation proceedings were carried out on 16.09.2020 and pillars were affixed. The petitioner, thereafter, had raised a boundary wall of five feet around the plot in dispute. The private respondent no. 13 who is plaintiff of the suit had field an application under Order XXXIX Rule 2A CPC which was registered as Misc. Case No. 12 of 2020 for punishing the petitioner for violating the interim injunction order as the order of status quo was there and he has raised the boundary wall. 4. It transpires that on 08.05.2025, the boundary wall was demolished and the petitioner had moved a contempt application under Order XXXIX Rule 2A CPC before civil court on 17.05.2025, which is pending consideration. 5. From perusal of the contempt application placed before this Court, which is taken on record, it transpires that the petitioner has already initiated action against private respondent no. 13 and contempt application under Order XXXIX Rule 2A CPC is pending consideration before Civil Judge (Junior Division). 6. All the said facts have not been disclosed in the writ petition and the material facts have been concealed and no disclosure of pendency of civil suit has been made by petitioner in the writ petition. 7. The writ petition filed for seeking direction to restore the possession of petitioner and taking action against officers is not maintainable. 8. The writ petition is misconceived and stands dismissed. September 9, 2025 V.S.Singh WRIC No. 31082 of 2025 2 (Rohit Ranjan Agarwal,J.) Digitally signed by :- VIDYA SAGAR SINGH High Court of Judicature at Allahabad