Neutral Citation No. - 2025:AHC-LKO:48063-DB Court No. - 2 Case :- WRIT - C No. - 7893 of 2025 Petitioner :- Ram Nath Respondent :- District Magistrate/Collector,Sultanpur And 6 Others Counsel for Petitioner :- Virendra Kumar Shukla Counsel for Respondent :- C.S.C. Hon'ble Mrs. Sangeeta Chandra,J. Hon'ble Brij Raj Singh,J. 1. Heard learned counsel for the petitioner and learned Standing Counsel for the State -respondent nos. 1 to 4. 2. This writ petition has been filed with the following main prayer :- "(i) issue a writ, order or direction in the nature of mandamus commanding the opposite party no. 2 and 3 to take necessary action against the opposite party no. 4 and ensure not to disturb the peaceful possession of the petitioner over the land gata No.1173-A situated in Village Behrabhari Pargana Aldemau, Tehsil Kadipur, District Sultanpur in the interest of justice." 3. We have gone through the representation dated 02.07.2025 made by the petitioner to the District Magistrate, Sultanpur wherein it has been stated that Gata No1173 Ka situated in village Behrabhari, Pargana Aldemau, Tehsil Kadipur, District Sultanpur belongs to him and is recorded tenure holder. He has sold of 800 sq.ft to Phulkali, wife of Kauleshwar and 200 sq ft of land to Ajay, Son of Ram Ujagir, through registered sale deed. Now Phulkali and Ajay have collided with each other and are trying to take possession forcibly of the entire land of Gata No.1173 Ka. The Petitioner has not sold out 600 sq.ft which still belongs to him. 4. Learned Standing Counsel appearing for the respondents has placed before this Court a copy of instructions dated 18.08.2025 sent by Sub Divisional Magistrate wherein it has been stated that an enquiry was conducted in the matter. As per instructions, it appears that Gata No.1173 ad-measuring 0.1900 hectares is an undivided plot of land. Gata No.1173 Ka ad-measuring 0.089 hectare is recorded in the name of Ram Nath, Son of Ram Harakh. Gata No.1173 Kha ad-measuring 0.01010 hectare is recorded in the name of Smt. Vimla Devi and others. The Petitioner on part of Gata No.1173 Ka, an application under Section 143 of The U.P. Zamindari Abolition and Land Reforms Act was moved for declaring it as non-agricultural land by one Ram Nath against Thunthun and others. Such case has been decided on 21.04.2014 declaring the land in question as non- agricultural. The instructions are taken on record. 5. The Lekhpal in its report dated 11.08.2025 has stated that the petitioner Ram Nath, Smt. Anita Pandey and Ajay are all in possession of land that belongs to them. The entire land is abadi and non-agricultural. No partition suit has been filed till date by any of the parties. No construction is going on. A copy of the spot memo prepared by the Area Lekhpal has been enclosed which has signature of Ram Nath, Harikesh, Rohit Raj and one other villager. 6. This writ petition is disposed of with liberty to the petitioner to approach appropriate forum for filing a partition suit for division of the property by metes and bounds. Order Date :- 18.8.2025 Pks Digitally signed by :- POOJA SETH High Court of Judicature at Allahabad, Lucknow Bench