Neutral Citation No. - 2025:AHC-LKO:48104-DB Court No. - 9 Case :- CRIMINAL MISC. WRIT PETITION No. - 7216 of 2025 Petitioner :- Swami Nath Patawa Respondent :- State Of U.P. Thru. Prin. Secy. Home Deptt. Lko. And 2 Others Counsel for Petitioner :- Rakesh Kumar Nayak Counsel for Respondent :- G.A.,Anurag Singh,Hariom Divedi,Yogesh Singh Hon'ble Rajesh Singh Chauhan,J. Hon'ble Syed Qamar Hasan Rizvi,J. 1. Heard Sri Rakesh Kumar Nayak, learned counsel for the petitioner, Sri Durgesh Kumar Dwivedi, learned AGA for the State-opposite parties no.1 & 2 and Sri Yogesh Singh, who has filed Vakalatnama on behalf of opposite party no.3. Said Vakalatnama is taken on record. 2. By means of this petition, the petitioner has prayed following main relief:- "(i) Issue a writ, order or direction, in the nature of Certiorari to quashing the impugned order dated 26.07.2025 passed by Sub Divisional Magistrate, Tahsil Bhiti, District Ambedkar Nagar in Criminal Case No. 2151/2021 (Sheetla Prasad Patawa Vs. Swami Nath Patawa) should be quashed, by means which to maintain peace and order, the disputed house measuring 28 x 20 sq. ft. out of 0.045 hectare Khatauni land situated in village Yadavpur, Pargana Mijhaura, Tahsil Bhiti, District Ambedkar Nagar, is attached with immediate effect in under section 146(1) of the Cr.P.C. and S.H.O. Bhiti is directed to attach the disputed house and hand it over to an respectable persons of the village with consent of the both parties, which is contained as Annexure No. 1 to this writ petition." 3. Learned AGA as well as learned counsel for opposite party no.3 has raised objection regarding maintainability of the writ petition by submitting that against the impugned order, the petitioner has got alternative statutory remedy challenging the same before the revisional court or before the Court having jurisdiction under Section 482 Cr.P.C./528 of B.N.S.S. 4. On that, learned counsel for the petitioner has requested that he may be permitted to withdraw this petition at this stage and liberty may be given to avail appropriate remedy before the appropriate court of law. 5. Accordingly, this writ petition is dismissed being withdrawn with the aforesaid liberty. 6. Office is directed to return certified copies, which have been filed with this petition, to the learned counsel for the petitioner forthwith after taking photostat copy thereof. [Syed Qamar Hasan Rizvi,J.] [Rajesh Singh Chauhan, J.] Order Date :- 18.8.2025 RBS/- Digitally signed by :- RAM BIR SINGH High Court of Judicature at Allahabad, Lucknow Bench