Neutral Citation No. - 2025:AHC-LKO:13960-DB Court No. - 9 Case :- WRIT - C No. - 2185 of 2025 Petitioner :- Vidya Sagar Respondent :- State Of U.P. Thru. Prin. Secy. Home Administration Lko. And 12 Others Counsel for Petitioner :- Kapil Muni Dubey, Dhirendra Kr. Dubey Counsel for Respondent :- C.S.C. Hon'ble Mrs. Sangeeta Chandra,J. Hon'ble Ajai Kumar Srivastava-I,J. (1) Heard the learned counsel for the petitioner and the learned Standing counsel who appears for the State- respondents nos.1 to 5. (2) This petition has been filed by the petitioner for the following main prayers:- "i) Issue a writ, order or direction in the nature of Mandamus commanding the Opposite parties nos.1 to 5 to ensure to demolition of encroachment over the land of the petitioner by the Opposite party nos.6 to 13 to this writ petition. ii) Issue a writ order or direction in the nature of Mandamus commanding the Opposite parties nos.1 to 5 to take necessary action for deciding the Representation of the petitioner dated 04.11.2024 & 30.01.2025 to clear the land of the petitioner form Opposite party nos.6 to 13 of the writ petition." (3) It is the case of the petitioner that the petitioner and the Opposite party nos.6 to 13 are resident of Village and Post Darehata, Pargana & Police Station Maurawan, Tehsil Purwa, District Unnao and the Opposite party nos.6 to13 belong to Scheduled Caste. The Abadi land belongs to one Murli son of Shiv Ratan and recorded in the name of the petitioner Vidya Sagar son of Murli in the Revenue Records. The petitioner's father was in possession of the land in dispute. The Grand-father of the Opposite party nos.6 to13 filed a Suit for Mandatory Injunction in 1983 against the father of the petitioner which was dismissed on 15.12.1984. Thereafter there was no dispute regarding title and possession of the property. Later on, however, one Chandra Shekhar son of Mahadev was appointed as followers / House servant of the Superintendent of Police, Unnao, and because of such Chandra Shekhar being in the good books of the Superintendent of Police, Unnao, the Respondents nos.6 to13 have taken over the abadi land of the petitioner. The petitioner has made a written complaint to the Superintendent of Police, Unnao, and has also lodged an F.I.R. with respect to encroachment of Gata No.167 Area 0.0110 Hectare which belongs to Abadi of the petitioner, when no heed has been paid, he has approached this Court. (4) Since the petitioner has already lodged an F.I.R. with regard to the alleged encroachment, which we believe to be a civil dispute relating to Abadi land, this writ petition is finally disposed of with liberty to the petitioner to approach the Magistrate concerned by making an application under Section 175 (3) of BNSS, corresponding Section 156(3) Cr.P.C., in case, the Police is not making any investigation in the said F.I.R. Order Date :- 7.3.2025 N.PAL Digitally signed by :- NARESH PAL High Court of Judicature at Allahabad, Lucknow Bench