Neutral Citation No. - 2025:AHC-LKO:44677-DB Court No. - 2 Case :- WRIT - C No. - 7139 of 2025 Petitioner :- Babu Ram Respondent :- State Of U.P. Thru. Collector Sultanpur And 3 Others Counsel for Petitioner :- Rajesh Kumar Shukla,Kaushlendra Pratap Singh Counsel for Respondent :- C.S.C. Hon'ble Rajan Roy,J. Hon'ble Manish Kumar,J. Heard. Petitioner has filed this petition seeking following main relief:- i) Issue, a writ, order or direction in the nature of Mandamus commanding/directing the opposite party no. 4 i.e. Station House Officer Karaundi Kala, District Sultanpur may be directed not to disturb the peaceful construction of the petitioner over the land Gata No. 941, situated in Vollage Magarsand Kala, Pargana Aldemau, Tehsil Kadipur, District Sultanpur." Shri Manish Mishra, learned Additional Standing Counsel says that infact Gata No. 941 is minjumla gata although in the khatauni annexed by the petitioner, this fact is not mentioned. He has however, placed before us the khatauni pertaining to another khata relating to the same Gata that is Gata No. 941 minjumla. The submission is that the total area of Gata No. 941 minjumla is 0.5830 out of which, the petitioner and two other persons are recorded in respect of an area of 0.5060 only. The remaining land is recorded in another khata, khatauni of which has been placed before this Court today, as Naveen parti. However, on being asked as to whether the Tehsil authorities have initiated any proceedings or the Gaon Sabha has done so under U.P. Revenue Code, 2006, he submitted that the Gaon Sabha has initiated proceedings for correction of map pertaining to Gata No. 941 minjumla but there are no proceedings under Section 67 etc. for removal of any encroachment. Shri Manish Mishra, learned Additional Standing Counsel has also informed that information was given by the tenure holder of Gata No. 938 Ka to the Police therefore, only to maintain law and order, it came into the picture. In view of the aforesaid, we are of the opinion that unless there are any proceedings and any order of any revenue or other Court, which can be the basis of interference by the Tehsil authorities under the U.P. Revenue Code, 2006, they should not interfere in the possession of the petitioner. If any proceedings are required to be undertaken under the U.P. Revenue Code, 2006, they can do so as per law. The Police authorities can interfere only if there is an apprehension of breach of peace or apprehension of commission of any crime or it is actually committed or there are other valid grounds in any law/statue for their interference such as an order of the Court to be implemented, but, without interfering in the civil dispute between the parties, if any. As regards one Shri Ram Baran on whose behalf Shri S.K. Singh Kalhansh, Advocate has appeared and submitted that he is a necessary party, firstly, he has not brought any application for impleadment, secondly, on being asked to show the khatauni wherein his client may have been recorded in respect of the Gata No. 941 minjumla, he could not show any document in this regard, thirdly, we asked him to show any order, which may have been passed in his favour in any proceedings initiated against the petitioner or otherwise in respect of the Gata No. 941 minjumla, he could not show any such document but submitted that a demarcation application was filed by the petitioner, which was declined on the ground that map correction proceedings should be initiated. This is hardly a ground for non interference. Shri Ram Baran, if he has any right in respect of the land in question, can always avail the remedy as prescribed in the law. Writ petition is disposed of. We make it clear that we have not adjudicated the claim, right or interest of the petitioner in respect of the Gata No. 941 minjumla and any aggrieved party can initiate proceedings, as per law but have only considered the interference by the Police authorities. Our order shall not affect the rights, if any, claimed by any party in respect of the land in question. Order Date :- 1.8.2025 Ashish Digitally signed by :- ASHISH MISHRA High Court of Judicature at Allahabad, Lucknow Bench