HIGH COURT OF JUDICATURE AT ALLAHABAD WRIT - C No. - 33493 of 2025 Court No. - 40 HON'BLE SARAL SRIVASTAVA, J. HON'BLE AMITABH KUMAR RAI, J. 1. Heard learned counsel for the petitioners. 2. The petitioners by means of the present writ petition have assailed the notice dated 21.04.2025 issued by the respondent no.4. 3. Learned counsel for the petitioners has fairly stated that petitioners have instituted Original Suit No.12 of 2022 against respondent 5-Janata Inter College Rampur, Karkhana Tappa Patana Pargana Shahjahanpur Tehsil & District Deoria, who is the owner of the shop in question. 4. In the aforesaid suit, the petitioners, who are plaintiffs in the suit, have filed an application for impleadment of Nagar Palika, and their impleadment application has been allowed, and Nagar Palika has been impleaded as one of the defendants in the suit. 5. According to petitioner, there is an injunction order operating in the suit which is also binding upon the petitioners, and the petitioners are pursuing another remedy for the same cause of action, therefore, present writ petition is not maintainable as it is settled in law that two remedies cannot be availed by a person simultaneously. 6. In such view of the fact, the present writ petition is dismissed with liberty to the petitioners to challenge the impugned notice in Original Suit No.12 of 2022 instituted by the petitioners. 7. Considering the urgency in the matter, if petitioners file any amendment application challenging the notice impugned in the Original Suit No.12 of Versus Counsel for Petitioner(s) : Manoj Kumar Tiwari Counsel for Respondent(s) : C.S.C. Ashok Kumar Jaiswal And 6 Others .....Petitioner(s) State Of U.P. And 5 Others .....Respondent(s) 2022, it is expected from the Trial Court to make every endeavour to decide such application at the earliest. September 23, 2025 Sattyarth WRIC No. 33493 of 2025 2 (Amitabh Kumar Rai,J.) (Saral Srivastava,J.) Digitally signed by :- SATTYARTH ANAND High Court of Judicature at Allahabad