Neutral Citation No. - 2025:AHC-LKO:36214-DB Court No. - 2 Case :- WRIT - C No. - 6062 of 2025 Petitioner :- Savitri Respondent :- State Of U.P. Thru. Its Prin. Secy. Deptt. Of Revenue Lko. And 5 Others Counsel for Petitioner :- Dharmendra Kumar,Saryu Prasad Tiwari Counsel for Respondent :- C.S.C.,Mohan Singh Hon'ble Alok Mathur,J. Hon'ble Arun Kumar Singh Deshwal,J. 1. Heard Shri Saryu Prasad Tiwari, learned counsel for the petitioner, learned Standing Counsel on behalf of the respondent no.1 to 4 and Shri Mohan Singh has accepted notice on behalf of respondent no.5. 2. By means of the present petition, the petitioner has prayed for the following relief:- "i) Issue a writ, order or direction in the nature of Mandamus commanding and directing the opposite parties specially opposite party no.2 to restrain the opposite party no.6 from raising illegal construction over the land of the petitioner i.e. Gata No.188Ta Minjumla situated at Village - Sahajpur, Pargana - Pashchimrath, Tehsil - Bikapur, District - Ayodhya." 3. The only argument of the petitioner is that the respondents are illegally encroaching upon the property owned and possessed by the petitioner and in this regard he has sought a direction to the Collector/ District Magistrate to restrain the private respondent no.6 from raising a construction over disputed land, to which we notice that in fact the petitioner seeks to obtain an order against the private respondent and with regard to the relief claimed, the petitioner has efficacious remedy of filing a suit for injunction before the competent court which the court would examine the issue raised by the petitioner as well as the material available on record and such a direction cannot be passed in writ proceeding under Article 226 of the Constitution of India which are essentially summary proceedings. Apart from the fact that the dispute is a private dispute and we also find that the petitioner has efficacious remedy of filing a civil suit and for the aforesaid reason, we are not inclined to entertain the present writ petition. We find that there are sufficient powers under Section 64 of the U.P. Revenue Code with the Sub-Divisional Magistrate to examine the matter and in case the patta granted in favour of the petitioner is being interfered with the private respondent, appropriate orders can be passed by Sub-Divisional Magistrate concerned. 4. Accordingly, the petition is disposed of with liberty to the petitioner to move an appropriate application to respondent no.3, Sub-Divisional Magistrate, Bikapur, District - Ayodhya. On receipt of the said application, the respondent no.3 shall proceed to consider and decide the same in accordance with law expeditiously say within a period of four weeks from the date a copy of this order along with the representation is produced before him. (Arun Kumar Singh Deshwal,J.) (Alok Mathur,J.) Order Date :- 24.6.2025 KR Digitally signed by :- RABINDRA KUMAR High Court of Judicature at Allahabad, Lucknow Bench