Neutral Citation No. - 2025:AHC-LKO:48695-DB Court No. - 2 Case :- WRIT - C No. - 7794 of 2025 Petitioner :- Mishrilal Respondent :- State Of U.P. Thru. Prin. Secy. ( Urban Development) U.P. Lko. And 4 Others Counsel for Petitioner :- Rakesh Kumar Nayak Counsel for Respondent :- C.S.C. Hon'ble Mrs. Sangeeta Chandra,J. Hon'ble Brij Raj Singh,J. 1. Heard the learned counsel for the petitioner and the learned Standing Counsel who appears on behalf of the State-respondent nos.1, 2 and 3 and Shri Raj Priya Srivastava, who appears as Standing counsel for Nagar Panchayat, Ashrafpur Kichhauchha, Tehsil Tanda, District Ambedkar Nagar, the Respondent nos.4 and 5. 2. This petition has been filed by the petitioner for the following main prayers:- "i) Issue a writ, order or direction in the nature of Mandamus seeking a direction to the Authorities / Opposite party no.5 to not to encroached /dispossess to the petitioner from Abadi land of the petitioner i.e. 90x30 square feet out of in Gata No.272 Area 0.958 hectare, situated at Village Rasoolpur Dargah, Asharafpur, Kichhauccha, Tehsil Tanda, District Ambedkar Nagar. ii) Issue any other writ, order or direction which this Hon'ble Court may deem fit and proper in the circumstances of the case. iii) Award the cost of the petition in favour of the petitioner." 3. A preliminary objection has been raised regarding the maintainability of the petition. It has been submitted that the petitioner has a remedy of filing a Civil Suit for Permanent Injunction / Declaration of rights with regard to his property, if at all it is being encroached upon by Nagar Panchayat although the counsel for the Respondents has stated that no encroachment has been done by the Nagar Panchayat. 4. This writ petition is disposed of with a direction to the petitioner to give Notice under Section 80C and move the appropriate Civil Court. Order Date :- 20.8.2025 N.PAL Digitally signed by :- NARESH PAL High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- NARESH PAL High Court of Judicature at Allahabad, Lucknow Bench