Neutral Citation No. - 2025:AHC-LKO:36415-DB Court No. - 2 Case :- WRIT - C No. - 6116 of 2025 Petitioner :- Faujdar Respondent :- State Of U.P. Thru. Distt. Magistrate Distt. Shrawasti And 17 Others Counsel for Petitioner :- Ram Prasad Dwivedi Counsel for Respondent :- C.S.C. Hon'ble Alok Mathur,J. Hon'ble Arun Kumar Singh Deshwal,J. 1. Heard Shri Ram Prasad Dwivedi, learned counsel for the petitioner and learned Standing Counsel on behalf of the respondents. 2. The petitioner has preferred this petition alleging illegal construction by the private respondents on the land owned by the petitioner at Gata No.142/0.6540 hectare situated at village - Chndrawan Gilaula, Police Station Gilaula, Tehsil - Ikauna, Pargana Bahraich, District Shrawasti. 3. The learned counsel for the petitioner has submitted that the private respondents have illegally and forcefully encroached upon the land of the petitioner and started illegal construction and despite suitable application given to the State respondents, including the concerned SDM, no action has been taken by them and accordingly, he has filed the present petition seeking a direction to the state respondents to restrain the private respondents from raising the construction. 4. Considering the averment made in the petition and the oral submission made by the counsel for the petitioner, this Court is of the considered view that the grievance raised by the petitioner to intervene with regard to the illegal construction being raised by the private respondents for which purposes, the petition will not be maintainable. In such matters, it is open for the petitioner to file appropriate suit proceeding before the trial court along with the application for injunction. The trial court on receipt of the same, is fully empowered to pass appropriate orders in accordance with law. 5. Accordingly, we find that the present petition is not maintainable as the same concerns a dispute between the private individual and, hence, we find that the petitioner has efficacious remedy of filing a civil suit and we are not inclined to entertain the present petition. 6. Accordingly, the petition is dismissed. (Arun Kumar Singh Deshwal,J.) (Alok Mathur,J.) Order Date :- 25.6.2025 KR Digitally signed by :- RABINDRA KUMAR High Court of Judicature at Allahabad, Lucknow Bench