Neutral Citation No. - 2025:AHC-LKO:48040-DB Court No. - 2 Case :- WRIT - C No. - 7783 of 2025 Petitioner :- Dr.Brijendra Verma Respondent :- District Magistrate, Distt.Barabanki And 4 Others Counsel for Petitioner :- Ajeet Kumar Counsel for Respondent :- C.S.C. Hon'ble Mrs. Sangeeta Chandra,J. Hon'ble Brij Raj Singh,J. 1. 'Vakalatnama' filed by Shri Vijayendr Pandey as well as Shri Rajesh Kumar Misra, Advocate on behalf of opposite party no.4 is taken on record. 2. Heard learned counsel for the petitioner, learned Standing Counsel, who appears for the State-respondents, Shri Vijayendr Pandey, learned counsel for opposite party no.4 and perused the record. 3. This writ petition has been filed by petitioner with following main prayers: "I. To Issue a writ order or direction in the nature of Mandamus commanding and directing the opposite party no. 3 not to create any hindrance in peaceful possession of the petitioner. II. To Issue a writ order or direction in the nature of Mandamus commanding and directing the opposite party no. 2 to initiate a departmental proceeding against the opposite party no.3 for passing impugned oral direction for maintaining status quo on the matter." 4. It is the case of the petitioner that one Ashok Kumar executed a registered sale deed in favour of one Sarvjeet son of Chhatrapal, thereafter mother of the petitioner purchased the land from the said Chhatrapal, who has executed registered sale deed on 09.05.2028 and on the basis of said sale deed, land of Gata No.698, area 50 square meter was mutated in the name of the petitioner's mother. The petitioner started raising construction over the said land in the month of May, 2025 after obtaining electricity connection on completion of all formalities on 17.05.2025. The police personnel of Police Chowki Avas Vikas, Barabanki have approached the petitioner and directed him to remove CCTV camera installed by him and also threatened him to lodge F.I.R. against him, in case he carried out construction. The petitioner has moved a representation to the opposite party no.2 i.e. Superintendent of Police, Barabanki. Opposite party no.3 has submitted a report to the Sub Divisional Magistrate, Tehsil Nawabaganj, Barabanki on 12.07.2025 indicating initiation of proceedings under Sections 126/135 of B.N.S.S., C.D. entry No.72 dated 12.07.2025 maliciously. Hence this writ petition has been filed. 5. Learned Standing Counsel appearing for the State has produced before this Court instructions sent by Shri Ram Kishan Rana, Incharge Inspector, Police Station Kotwali Nagar, Barabanki, wherein it has been stated that proceedings have been initiated under Sections 126/135 of B.N.S.S. on 12.07.2025 because there was a threat of breach of peace and there is already a first information report bearing Case Crime No.196 of 2025, under Sections 329(3), 352, 351(3), 3(5) of B.N.S. registered between the parties. It has also been stated that Gata No.698 minumla was initially registered in the name of Smt. Haseena Bano in the year 1964. she sold out Plot No.5 to one Ram Lali and Plot No.8 was sold to one Taajuddin. Detailed reference has been made to proceedings regarding disputed ownership of land in the said instructions. The instructions are taken on record. 6. Learned counsel for opposite party no.4 has also produced before this Court a report submitted by the Tehsildar, Tehsil Nawabganj, Barabanki to the District Magistrate, Barabanki on a representation being made by Shri Praveen Verma, President, Emrald Education Society, Kamta, Faizabad Road, Lucknow to the District Magistrate concerned with regard to the same land in Village Obari i.e. land of Gata No.698 minjumla area 0.041 hectare, wherein it has been stated that Gata No.698 minjumla was sold off by one Smt. Haseena Bano w/o Mohd. Ayyub on 19.09.1963 to the extent of 4800 square feet in favour of one Smt. Ram Lali w/o Ganga Prasad and thereafter Smt. Ram Lali sold off the entire land of 4800 square feet to one Rajeshwar Nath Puri on 12.02.1964, again the same land was sold off in part i.e. 1600 square feet to one Gurusaran Lal resident of Nehru Nagar, Nawabganj and 3200 square feet to one Ramrang s/o Jaggannath resident of Aminabad, Lucknow, both these sale deeds of 1600 square feet and 3200 square feet of land of Gata No.698 minjumla were registered on same day i.e. 26.08.1985, whereas the entire land of 4800 square feet has earlier been sold off on 12.02.1964 to Rajeshwarnath Puri. The report is taken on record. 7. The Tehsildar has reported that the sale deed executed on 26.08.1985 could not have been executed in view of sale of the entire land of Gata No.698 minjumla having already been executed on 12.02.1964. 8. We have gone through the report of the Tehsildar and also the instructions sent by the Incharge Inspector, Police Station Kotwali Nagar, Barabanki and we do not find any good ground to show interference in the writ petition. 9. The writ petition is disposed of with liberty to the petitioner to approach the magistrate concerned against challani report. . (Brij Raj Singh,J.) (Sangeeta Chandra,J.) Order Date :- 18.8.2025 Anupam S/- Digitally signed by :- ANUPAM SINGH PATEL High Court of Judicature at Allahabad, Lucknow Bench