Neutral Citation No. - 2025:AHC:130939-DB Court No. - 29 Case :- WRIT - C No. - 2841 of 2025 Petitioner :- Haneef Khan (since Deceased) and 5 Others Respondent :- State of U.P. and 4 Others Counsel for Petitioner :- Shoar Mohammad Khan Counsel for Respondent :- C.S.C.,Sharad Sharma Hon'ble Mahesh Chandra Tripathi,J. Hon'ble Jitendra Kumar Sinha,J. 1. Heard Sri Anil Tiwari, learned Senior Advocate assisted by Sri Shoar Mohammad Khan, learned counsel for the petitioners, learned Standing Counsel for State respondent nos.1, 3, 4 and 5 and Shri Sharad Sharma, learned counsel for Nagar Palika Parishad, Rampur (respondent no.2). 2. The instant writ petition has been preferred for a mandamus commanding the respondent no.2 not to interfere in the peaceful possession, occupation and enjoyment of the land bearing Gata No. 482 measuring 0.089 hectare and Gata No. 483 measuring 0.025 situated at Village Thothar, Tehsil Sadar, District Rampur. 3. On the matter being taken up today, from the side of the petitioners it has been sought to be contended that the respondent no.2 is raising construction over the petitioners' land without any authority and due process of law. 4. Per contra, learned counsel for the respondent no.2 is also claiming its right over the disputed plots. It is submitted that highly disputed facts have been raised in the writ petition, which cannot ordinarily be adjudicated under Article 226 of the Constitution of India. 5. We find that claim and counter claim has been set up by the parties. The remedy of petitioners lies in filing civil suit before the Civil Court and request therein for grant of injunction, which shall be tested by the Civil Court on the parameter of prima-facie case, balance of convenience and irreparable loss. 6. With the aforesaid leave, the instant writ petition stands disposed of. Order Date :- 4.8.2025 A.K.Srivastava Digitally signed by :- ARUN KUMAR SRIVASTAVA High Court of Judicature at Allahabad