Neutral Citation No. - 2025:AHC:20279-DB Court No. - 29 Case :- WRIT - C No. - 36754 of 2024 Petitioner :- Saksham Tiwari Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Rahul Kumar Tyagi,Virpratap Singh Counsel for Respondent :- C.S.C. Hon'ble Ashwani Kumar Mishra,J. Hon'ble Arun Kumar Singh Deshwal,J. 1. This writ petition has been filed challenging an order passed by the District Magistrate, Orai at Jalaun, dated 17.8.2024, on the representation of certain private individuals, wherein a direction has been issued to the Sub-Divisional Magistrate, Kalpi to clarify to all the parties that no individual person be allowed to encroach upon the land of the temple as well as temple itself. This order is challenged on the ground that petitioner has a will from the earlier Manager of the temple and that the temple itself was constructed on the private land owned by the petitioner's grandfather, which he had dedicated to the Idol. It is submitted that District Magistrate has no right to pass the order impugned, inasmuch as civil rights of the parties cannot be adjudicated by the District Magistrate. 2. Petition is opposed by learned Standing Counsel. 3. Though we find prima facie substance in the petitioner's contention that District Magistrate cannot be allowed to adjudicate private rights of the parties, but in the facts of the case, such an objection does not appear to be tenable, inasmuch as District Magistrate on the representation made to him by certain individuals has merely directed the temple to be protected from any encroachment. The records reveal that petitioner has already filed a civil suit before the competent court for grant of necessary injunction in respect of the land rightly owned by the temple. Such suit is already pending and no injunction is granted in favour of petitioner. 4. In that view of the matter, remedy of the petitioner would be to press his injunction application in the pending suit and the order of the District Magistrate merely requiring the Sub-Divisional Magistrate to inform the parties not to unauthorizedly allow encroachment, by the individuals, on the land of the temple does not appear to suffer from any infirmity, which may require this Court to interfere in the matter. Even otherwise, the District Administration will have ample jurisdiction to ensure that peace and tranquility is maintained at the spot. The order of the District Magistrate otherwise does not appear to be of nature, which may be termed as adjudicating the rights of the parties. 5. Leaving it open for the petitioner to pursue his injunction application in the pending suit, this writ petition is consigned to records. Order Date :- 13.2.2025 Anil Digitally signed by :- ANIL KUMAR PATEL High Court of Judicature at Allahabad