Neutral Citation No. - 2025:AHC:20844 Court No. - 34 Case :- WRIT - C No. - 3192 of 2025 Petitioner :- Rajendra Singh Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Lallu Singh Counsel for Respondent :- C.S.C. Hon'ble Manish Kumar Nigam,J. 1. Heard learned counsel for the parties and perused the record. 2. This writ petition has been filed for the following reliefs:- "i) Issue a writ order or direction in nature of mandamus commanding and directing the respondent No.2 and 3 to stop the illegal construction of Aganwadi Kendra being constructed by the respondent No.4 and 5 on the land of petitioner over the Gata No.186. ii) Issue a writ order or direction in nature of mandamus commanding and directing the respondent No.2/District Magistrate, Fatehpur to decide the application dated 21.01.2025 No.7 to of the petitioner (Annexure the writ petition), within stipulated period as may be fixed by this Hon'ble Court." 3. I have perused the averments made in the writ petition and the annexures annexed thereto. From perusal of the same, it appears that the dispute of the petitioner is with private respondents regarding property in question. 4. Learned Standing Counsel has pointed out that in this regard the petitioner has already filed a suit before the civil court and he cannot pursue the simultaneous remedy. 5. 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." 6. In view of the law laid down by the Supreme Court, I am not inclined to interfere in the matter. 7. Accordingly, the writ petition is disposed of with liberty to the petitioner to avail the remedy as available to him under law. Order Date :- 13.2.2025 S. Singh (Manish Kumar Nigam, J.) Digitally signed by :- SAVITA SINGH High Court of Judicature at Allahabad Digitally signed by :- SAVITA SINGH High Court of Judicature at Allahabad