Neutral Citation No. - 2025:AHC-LKO:46678-DB Court No. - 2 Case :- WRIT - C No. - 7517 of 2025 Petitioner :- Durga Narayan Chote Lal Giri Respondent :- District Magistrate District- Amethi And 12 Others Counsel for Petitioner :- Rahul Roshan Dubey Counsel for Respondent :- C.S.C. Hon'ble Mrs. Sangeeta Chandra,J. Hon'ble Manish Kumar,J. Heard learned counsel for the petitioner, learned Standing counsel and Sri Dhirendra Singh, Advocate who has filed his vakalatnama on behalf of opposite party nos. 8, 11 & 12 (which is taken on record). The present writ petition has been preferred with the following prayers:- "a- Issue a writ order or direction in the nature of mandamus directing the opp. Party no-8 to 13 to immediately remove illegal construction/gate over/foundation/sown crops over Gata No-297 & 298 Gram Pure Gosai, Majre-Bhadaiya Mahmoodpur Tehsil Tiloi, District- Amethi over petitioner's share. b- Issue a writ order or direction in the nature of mandamus directing the opp. Party no-1 to decide the representation dated 21-12-2024 as contained as Annexure No. 7 to this writ petition, to secure ends of justice." It has been submitted by learned counsel for the petitioner that the petitioner along with respondent no. 8 is co-tenure holder of Gata Nos. 297 & 298 situated at Gram Bhadaiya Mahmoodpur, Tehsil Tiloi, District Amethi. The respondent no. 8 is digging a foundation and making construction over the land which is already the subject matter of a partition suit. It has also been submitted that the respondent no. 8 has constructed a gate over the public road and is encroaching upon the public way. The petitioner had given separate representations to the S.D.M. Tiloi, District Amethi and also to the District Magistrate, Amethi but no heed has been paid hence, this petition has been filed. It is evident from the pleadings on record that RST/03112/2018 a partition suit is pending between the petitioner and respondent no. 8 where a preliminary decree was passed but the suit was dismissed in default which was later on restored on recall application being allowed on 31.12.2018. In case the petitioner is aggrieved by any encroachment being made by the respondent no. 8 on the land/share of the petitioner, he has remedy of filing an appropriate application in the pending partition suit. In case, the petitioner is in any manner aggrieved by the action of respondent no. 8 in encroaching on public road, he has remedy to file an application under Section 67 of the U.P. Revenue Code, 2006. In view of above, the writ petition stands disposed of. Order Date :- 11.8.2025 Nitesh Digitally signed by :- NITESH KUMAR TEWARY High Court of Judicature at Allahabad, Lucknow Bench