Neutral Citation No. - 2025:AHC-LKO:36631-DB Court No. - 2 Case :- WRIT - C No. - 6089 of 2025 Petitioner :- Smt. Anuradha Tiwari Respondent :- State Of U.P. Thru. The Prin. Secy. Revenue Lko. And 9 Others Counsel for Petitioner :- Durgendra Kumar Tiwari Counsel for Respondent :- C.S.C. Hon'ble Alok Mathur,J. Hon'ble Arun Kumar Singh Deshwal,J. Heard Shri Durgendra Kumar Tiwari, learned counsel for the petitioner and learned Standing Counsel for respondents no.1 to 7. In view of the order proposed to be passed issuance of notice to private respondent is dispensed with. It has been submitted by the learned counsel for the petitioner that the petitioner is a widow her husband having died in a motor accident but is living in a joint family along with her mother in law and brother in laws in the property situated at Ganeshpur, Rahmanpur, Chinhat, Lucknow. Grievance of the petitioner is that the private respondents are seeking to evict the petitioner and her minor children from the said house in question. It has been submitted that the petitioner has 1/ 4th share in the said property and also the fact that with regard to the same relief the petitioner has filed a civil suit R.S. No.1326 of 2024 [Smt. Anuradha Tiwari and Another vs. Smt. Sarvesh Tiwari and Others] before Civil Judge (Senior Division), Lucknow for permanent injunction and he has also filed an application for temporary injunction which are pending. It is in the aforesaid circumstances the present writ petition has been filed for seeking a direction to the private respondents not to dispossess and expel the petitioner and her children from the house in question and also not to alienate the disputed property considering that the petitioner has a share in the said property. It is noticed that the dispute as raised by the petitioner in the present case is a private dispute where writ petition under Article 226 of the Constitution of India would not be maintainable. Apart from the above, it is noticed that the petitioner has already resorted to a statutory remedy of suit before competent civil court which is pending consideration since 2024 and applications for temporary injunction has already been filed therein. Accordingly, the petitioner is relegated to the civil remedy which has already been availed by her. No interference can be made in the present proceedings for the reasons stated hereinabove. It is provided that the learned trial court shall make endeavour to dispose of the pending temporary injunction application with expedition in accordance with law. With the aforesaid observations, writ petition stands disposed of. Order Date :- 26.6.2025 mks (Arun Kumar Singh Deshwal,J.) (Alok Mathur,J.) Digitally signed by :- MANISH SAXENA High Court of Judicature at Allahabad, Lucknow Bench