JUDGMENT B.K. Singh, J. - The petitioner by the instant writ petition has challenged the order dated 2371992 passed by the Commissioner, Faizabad Division, Faizabad, whereby during the pendency of the appeal he has directed the petitioner to remove the boundary wall which is the subject matter of dispute between the petitioner and the opposite party No. 3 in appeal before him. The result of the order passed by the Commissioner is that the very subject matter of the litigation which is also subject matter of a suit in Civil Court would become non existent without adjudication. It is also a matter for consideration whether any authority under the Urban Planning and Development Act can adjudicate the title of land on which boundary has been raised. In my opinion that can only be done by the Civil Court. Since only this question is subject matter of this writ petition and I have heard the learned counsel for the Faizabad Development Authority also, I purpose to dispose of this writ petition with the following direction. 2. That the learned Commissioner shall dispose of the appeal on merit and as long as the appeal remains pending the boundary wall in question shall not be demolished. The writ petition is accordingly disposed of. No costs. 3. A copy of this order may be given to the counsel for the parties on payment of usual charges within a period of 2 days. (Order accordingly).