Neutral Citation No. - 2025:AHC-LKO:48528-DB Court No. - 2 Case :- WRIT - C No. - 7859 of 2025 Petitioner :- Somaee Yadav Respondent :- State Of U.P. Thru. Prin. Secy. Home Lko. And 4 Others Counsel for Petitioner :- Sushil Kumar Yadav, Shashi Rawat 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 to 4. 2. This petition has been filed by the petitioner for the following main prayers:- "i) a writ, order or direction in the nature of Mandamus commanding the opposite parties to ensure compliance of injunction order dated 31.05.2025 passed by the learned Civil Judge (Senior Division), Kadipur, District Sultanpur, in Original Suit No.34/2023, titled as Ram Pyare Vs. Somaee, through District Authorities / Police machinery. ii) a writ, order or direction in the nature of Mandamus commanding the opposite parties not to interfere and create any hindrance in the peaceful possession of the petitioner over the 1/2 share of the disputed land in pursuance to the order passed by the learned Civil Judge (Senior Division), Kadipur, District Sultanpur, in Original Suit No.34/2023, titled as Ram Pyare Vs. Somaee. iii) Any other order or direction which the Hon'ble Court may deem just and proper may also kindly be passed in favour of the petitioner." 3. It has been submitted by the learned counsel for the petitioner that the Original Suit No.34 of 2023 (Ram Pyare Vs. Somaee) was filed by the Opposite party no.5 in the court of Civil Judge (Senior Division), Kadipur, Sultanpur, with respect to Gata No.421 admeasuring 0.9830 Hectare situated in Village Nagnathpur, Pargana- Aldemou, Tehsil Kadipur, District Sultanpur, wherein an order was passed on Application 5C2 dated 31.05.2025, where it was clarified that there is no injunction for use of the land by either of the parties and they are co-tenure holders. When the said order was not complied with and the police was interfering in the matter, the petitioner filed an application under Section 151 CPC before the Civil Judge who has passed an order on 08.07.2025 asking the Station House Officer of Karaundikala, District Sultanpur, to submit a report within three weeks regarding compliance of their earlier order passed on 31.05.2025. The S.O. Karaundikala, Sultanpur, has submitted a report to the Civil Judge (Senior Division), Kadipur, District Sultanpur, saying that there was a threat of breach of peace and therefore, the proceedings were initiated under Section 128/135 of the B.N.S.S. against both parties and a report has been submitted to the S.D.M. under Section 164 of the B.N.S.S. 4. The learned Standing Counsel has produced before this Court instructions sent by the Incharge Inspector of P.S. Karaundikala, District Sultanpur, Shri Chandrabhan Verma, saying that a report has been sent to the Magistrate concerned and since there is a dispute between the co-tenure holders where partition is required to be done, there was a threat of breach of peace and therefore, the proceedings were taken under Sections 126/135 of B.N.S.S. The police is not interfering in the peaceful enjoyment of the Gata concerned by either of the parties. 5. We have gone through the report submitted by the S.O. Karaundikala to the Magistrate, Civil Judge (Senior Division), Kadipur, District Sultanpur, wherein also it has been mentioned that the police is not interfering in the possession of either of the parties and has not stopped them from ploughing or harvesting the land in question. 6. In case, the petitioner is still away, it will be open for the petitioner to approach the S.D.M. where Challani report has already been filed under Section 165 of the B.N.S.S. 7. The writ petition stands disposed of. Order Date :- 19.8.2025 N.PAL Digitally signed by :- NARESH PAL High Court of Judicature at Allahabad, Lucknow Bench