By the Court.—This miscellaneous writ petition, not presented or reported as a Public Interest Litigation, pleads to espouse a cause of preventing demolition of a wall which according to the respondents is removal of an obstruction to open a closed road, namely Lower Bandha Road in Lucknow to facilitate the commutation to the localities beyond and connecting the Janeshwar Misra Park through a proposed railway underpass.

2. The prayer is for issuance of a mandamus restraining the respondent - State, the Lucknow Development Authority and the U.P. State Bridge Corporation from changing the status quo of the structure which includes the outer wall stated to be an extension of Dr. Ambedkar Smarak Sthal adjacent to Bhagidari Bhavan, which is spread over about 50 - 60 fts. in length about 15 fts. in height and 2 fts. in breadth and further to maintain the status quo anti as existed before 18th November, 2015.

3. The petition was got reported on 20.11.2015 and was moved where after it has been taken up as a fresh matter today.

4. The petitioner No. 1, who is the leader of the opposition in the State Legislative Assembly, has come forward alongwith petitioner No. 2 contending that the petitioners are looking after the interest and welfare of the Schedule Caste/Schedule Tribes and Backward classes and they are aggrieved by the action of the respondents, who are now proceeding to demolish the wall and construct the road that would disturb the entire area where the Bhagidari Bhavan and Srijan Vihar Colony is situated. They are apprehensive that such an act would spoil the environment of the area and shall also disturb the students, who live in Bhagidari Bhavan making preparations for appearing in the Civil Services Examination and other administrative services. They also allege that this would amount to loss of public money and hence appropriate directions deserve to be issued.

5. To substantiate and advance his submissions on the legal footing, Sri Mishra, learned Senior Counsel for the petitioners, has invited the attention of the Court to the order of the Apex Court dated 9.2.2010, copy whereof has been filed as Annexure 1 to the writ petition, to urge that the impugned action of the respondent - State and Development Authority as well as the constructing agency is in teeth of orders of the Apex Court aforesaid and on account of the existence of such orders, no such activity could have been undertaken by the respondents.

6. He has then invited the attention to the orders passed in the second set of proceedings before the Apex Court arising out of three writ petitions filed before the Lucknow Bench in which orders were passed on 6.4.2010 and copy whereof is Annexure 8 to the writ petition, where the Apex Court interfered with the said interim order of the High Court by issuing an interim direction of status quo on 4.5.2010, and ultimately disposed of the Special leave to Appeal on 15.7.2010 maintaining the status quo interim order dated 4.5.2010. Sri Mishra submits that in view of the aforesaid orders of the Apex Court, the respondents had no authority to either proceed to demolish the wall or undertake any such proceedings to disturb the status quo.

7. He has then passed on a copy of the order of the Apex Court dated 2.7.2015 passed on interim application No. 16-18 of 2015 in Special Leave to Appeal No. 13486 - 13488 of 2010 whereby a 3 Judges Bench, comprising of Hon’ble the Chief Justice of India and 2 other Hon’ble Judges, passed orders dissolving and vacating the aforesaid status quo order dated 4.5.2010 as continued on 15.7.2010 and referred to herein above. Sri Mishra submits that vacation and annulment of the interim protection of status quo dated 4.5.2010 and 15.7.2010 in the said proceedings does not amount to giving a handle to the respondents to demolish a standing structure.

8. He, therefore, submits that in view of the orders passed by the Apex Court in the first set of proceeding dated 9.2.2010, a clear contempt h