Neutral Citation No. - 2025:AHC-LKO:47100-DB Court No. - 2 Case :- WRIT - C No. - 6207 of 2025 Petitioner :- Abdul Sattar Respondent :- District Magistrate,Sultanpur Mr Kumar Harsh And 3 Others Counsel for Petitioner :- Sameeksha Chadha Counsel for Respondent :- C.S.C. Hon'ble Mrs. Sangeeta Chandra,J. Hon'ble Brij Raj Singh,J. 1. Heard learned counsel for the petitioner, learned Standing Counsel for the State and perused the record. 2. This writ petition has been filed with the following main prayer:- "(i) issue a writ, order or direction in the nature of mandamus directing the respondents no. 1,2 and 3 to forthwith restrain from causing any further illegal interference, obstruction, or restraint upon the petitioner's lawful possession, enjoyment and repair of his property situated at Khasra No.377, village Sansaripur, District Sultanpur, U.P." 3. This Court had earlier passed the following order dated 02.07.2025, the relevant extract of which is quoted hereinbelow : "By means of this petition the petitioner has mainly prayed for a writ, order or direction in the nature of Mandamus, directing the Respondents No. 1, 2 and 3 to forthwith restrain from causing any further interference, obstruction, or restraint upon his lawful possession, enjoyment, and repair of his property situated at Khasra No. 377, Village Sansaripur, District Sultanpur, Uttar Pradesh. He further prays for issuance of a writ, order or direction directing the Respondents 2 and 3 to provide adequate police protection to him for ensuring peaceful enjoyment of his property and to safeguard him from any unlawful coercion, harassment or detention by any authority. Let the S.H.O. Sansaripur, P.S. Shivgarh, District Sultanpur, join these proceedings through video-conferencing and explain, but before doing so, he shall file a response to the writ petition. The Circle Officer concerned shall also join the proceedings through video-conferencing on the next date. List this case on 5.8.2025" 4. Thereafter the matter was taken up on 05.08.2025. This Court had passed the following order:- "We have gone through the order dated 02.07.2025, wherein a direction was issued to them to appear through video conferencing and to explain, but before doing so they were also directed to file a response to the writ petition. Sri Raj Baksh Singh, learned Additional Chief Standing Counsel has informed this Court that affidavit of Station House Officer, Sansaripur, Police Station Shivgarh has been filed in the Registry on 04.08.2025, which is not on record. List this matter in the next week on 12.08.2025 through video conferencing. Both the Station House Officer, Sansaripur, Police Station Shivgarh and Circle Officer Lambhua, District Sultanpur shall again remain present on 12.08.2025 through video conferencing on the next date fixed. Office is directed to place the counter affidavit, if any, on record by the next date of listing." 5. Today, when the matter was taken up, Shri Raj Baksh Singh, learned Additional Chief Standing Counsel has pointed out that counter affidavit is now on record on behalf of respondent nos. 2 and 3 wherein it has been stated that on an application made by one Kavita Pal, that the petitioner is encroaching upon the land belonging to her, the police had inspected the spot in question and there was a threat of breach of peace and therefore, proceedings were initiated under Sections 126/135 of BNSS. Challan was sent to the Magistrate concerned on 18.06.2025. 6. Both the S.H.O. and C.O. of Police Station, Shivgarh are present today in court through Video Conferencing link which was provided to them. 7. Shri Gyanesh Dubey, S.H.O., Shivgarh has stated before this Court that he did not go to the spot in question, he did not stop the construction work and the construction work is going on as is evident from the photographs filed along with counter affidavit. Only the proceedings were initiated under Sections 126/135 of BNSS and challani report was sent to the Magistrate concerned on 18.06.2025. 8. We have gone through the contents of the counter affidavit. It is not disputed by learned counsel for the petitioner that copy of counter affidavit was received by her on 01.08.2025, but till date, no rejoinder affidavit has been filed by the petitioner disputing the contents of the counter affidavit. 9. Since there is a specific averment that challani report has been sent to the Magistrate concerned on 18.06.2025, this writ petition is disposed of with a direction to the petitioner to approach the Magistrate concerned. Order Date :- 12.8.2025 Pks Digitally signed by :- POOJA SETH High Court of Judicature at Allahabad, Lucknow Bench