HIGH COURT OF JUDICATURE AT ALLAHABAD WRIT - C No. - 37998 of 2025 Court No. - 1 HON'BLE AJIT KUMAR, J. HON'BLE SWARUPAMA CHATURVEDI, J. 1. Heard Sri S.N. Tripathi, learned counsel for the petitioner, Sri Rajkumar Singh, learned Advocate holding brief of Sri Ajay Yadav, learned counsel for the respondent Nos. 4 to 6 and learned Additional Chief Standing Counsel for the State respondents. 2. By means of this petition filed under Article 226 of the Constitution, petitioner has prayed for quashing of the order dated 17th May, 2025 on the ground that the Collector does not have any jurisdiction or otherwise authority vested in law to get an application examined by the private tenure holder regarding possession and dispossession or any threat of dispossession once the parties are already litigating the matter in a civil suit in respect of the same property. 3. It is though sought to be contended by learned counsel for the petitioner that only application has been entertained and direction has been issued for examination but according to him, the proper course would have been either to contest the suit or to file separate suit for partition or otherwise to seek settlement of boundaries by way of demarcation under Section 24 of U.P. Revenue Code, 2006 but in no case, the District Magistrate acted as a Collector in the district would have entertained the application of the nature in which he has entertained. 4. Upon a pointed query being made Mr. P.K. Shahi, learned Additional Chief Standing Counsel submits that there appears to be some dispute Versus Counsel for Petitioner(s) : Mohit Verma, Sachida Nand Tripathi Counsel for Respondent(s) : Ajay Yadav, C.S.C., Inteshwar Nath Singh Naeem And 2 Others .....Petitioner(s) State Of U.P. And 5 Others .....Respondent(s) regarding possession of the petitioner of an area of land more than what was sold out to him by the original tenure holder. However, he does not dispute that the matter once pending in a civil suit before the court of competent jurisdiction, the parties should pursued that matter instead of approaching this Court. 5. Learned counsel for the respondent Nos. 4 to 6 submitted that Collector has yet not passed any order, however, he does not dispute that civil suit is going on between the parties. 6. In such above view of the matter, we dispose of this petition with a direction to the District Magistrate/ Collector, Azamgarh not to interfere in the matter of dispute between the two private parties qua land in question. 7. It is open for the parties to seek appropriate remedy in a pending suit or otherwise get their boundaries demarcated under Section 24 of U.P. Revenue Code, 2006. March 18, 2026 Atmesh WRIC No. 37998 of 2025 2 (Swarupama Chaturvedi,J.) (Ajit Kumar,J.) Digitally signed by :- ATMESH KESARI High Court of Judicature at Allahabad