HIGH COURT OF JUDICATURE AT ALLAHABAD WRIT - C No. - 39046 of 2026 Court No. - 1 HON'BLE AJIT KUMAR, J. HON'BLE GARIMA PRASHAD, J. Learned Standing Counsel has raised a preliminary objection as to the maintainability of this petition on the ground that petitioner has approached this Court for fourth time before this Court, however, he submits that earlier writ petition being Writ – C No.- 9354 of 2018 was dismissed for having become infructuous vide order dated 26th August, 2025 and the said order has yet not been recalled. Insofar as the another writ petition being Writ – C No.- 14936 of 2025 is concerned that stood dismissed on merits, in which it came to be observed that petitioner after the residential lease was allotted, has to raise construction within three days but as per the report of the spot inspection of the land in question, no construction has been raised and hence petitioner cannot claim continuance of the lease any more for violation of lease. Learned counsel for the petitioner submits that in the earlier he was enjoying the interim protection. In our considered view, once the order has been passed in the writ petition being Writ – C No.- 14936 of 2025, no second writ petition can be maintained, however, petitioner may pursue the remedy to file recall/ restoration application in Writ – C no. 9354 of 2018 and the order of dismissal of the writ petition will not come in the way of the disposal of the restoration application on merits. Versus Counsel for Petitioner(s) : Mahendra Kumar Yadav Counsel for Respondent(s) : C.S.C., Hari Narayan Singh Ratan Pal And 4 Others .....Petitioner(s) State Of U.P. And 2 Others .....Respondent(s) Subject to aforesaid liberty, this petition is consigned to records. October 7, 2026 Atmesh WRIC No. 39046 of 2026 2 (Garima Prashad,J.) (Ajit Kumar,J.) Digitally signed by :- ATMESH KESARI High Court of Judicature at Allahabad