Neutral Citation No. - 2025:AHC:20019 Court No. - 34 Case :- WRIT - C No. - 2860 of 2025 Petitioner :- Mukund Bharti Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Sarvesh Pandey Counsel for Respondent :- C.S.C. Hon'ble Manish Kumar Nigam,J. 1. This writ petition has been filed for the following reliefs:- "I. Issue a writ order or direction in the nature of Mandamus directing the respondent authority to decide the representation of the petitioner dated 17.08.2024 and take appropriate action against the illegal encroacher. (Annexure No.3 to this writ petition). II. Issue a writ order or direction in the nature of Mandamus directing the respondent no.5 to not to interfere in the peaceful possession of the petitioner over the property in question bearing Gata No. 90 area 2.6730 hectare situated in Gaura Khas, Tappa Karahi, Pargana Bansi Paschim, Tehsil Itwa, District Siddharth Nagar." 2. A preliminary objection has been raised by learned Standing Counsel that the dispute of the petitioner is with the private respondent No. 5 regarding property in question and as such writ petition is not maintainable. 3. I have perused the averments made in the writ petition and the annexures annexed thereto. From the perusal of the same, it appears that the dispute of the petitioner is with private respondent No. 5. 4. The Supreme Court in the case of Shalini Shyam Shetty v. Rajendra Shankar Patil, (2010) 8 SCC 329 has considered a large number of its earlier judgements and held that writ petition is not the proper remedy in respect of the property dispute and the party should be relegated to seek appropriate remedy before the Civil or Revenue Court. Paragraph nos. 64 and 65 of the judgment in Shalini Shyam Shetty (supra) are extracted hereinbelow-: "64. However, this Court unfortunately discerns that of late there is a growing trend amongst several High Courts to entertain writ petition in cases of pure property disputes. Disputes relating to partition suits, matters relating to execution of a decree, in cases of dispute between landlord and tenant and also in a case of money decree and in various other cases where disputed questions of property are involved, writ courts are entertaining such disputes. In some cases the High Courts, in a routine manner, entertain petitions under Article 227 over such disputes and such petitions are treated as writ petitions. 65. We would like to make it clear that in view of the law referred to above in cases of property rights and in disputes between private individuals writ court should not interfere unless there is any infraction of statute or it can be shown that a private individual is acting in collusion with a statutory authority." 5. In view of the law laid down by the Supreme Court, I am not inclined to interfere in the matter. 6. Accordingly, the writ petition is disposed of with liberty to the petitioner to avail the remedy as available to him under law. Order Date :- 11.2.2025 Ved Prakash (Manish Kumar Nigam,J.) Digitally signed by :- VED PRAKASH SHARMA High Court of Judicature at Allahabad Digitally signed by :- VED PRAKASH SHARMA High Court of Judicature at Allahabad