HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW WRIT - C No. - 8152 of 2025 Court No. - 2 HON'BLE MRS. SANGEETA CHANDRA, J. HON'BLE BRIJ RAJ SINGH, J. 1. Heard learned counsel for the petitioners and learned Standing Counsel for the State Respondents. 2. This writ petition has been filed with the following main prayers:- "(i) Issue a writ, order or direction in the nature of mandamus thereby commanding the opposite parties No.2 to 6 not to interfere in the peaceful possession of the petitioners over the Abadi land of Gata no. 36, 37, 38 & 39 as the dispute has alreay been decided in favour of the petitioners, in the interest of justice." 3. In view of the order proposed to be passed, issuance of notice to the respondents no.7 and 8 is dispensed with. 4. It is the case of the petitioners that the petitioners and the opposite parties no. 7 & 8 belong to the same family. The Suit for Partition initially filed in 1961, bearing No. 141W/1961, 'Shiv Ratan and Others Vs. Ram Bharose and Other', by the predecessor-in-interest of the parties. The Suit for Partition of abadi sites/houses of the petitioners including Sahan and Nali and other houses belonging to the ancestors was dismissed in default on 25.08.1965. The ancestors of the opposite party no.7 filed in Appeal before the District Judge, Hardoi, which was also dismissed on 26.10.1966. Thereafter, both the parties continued to remain in peaceful Versus Counsel for Petitioner(s) : Harish Chandra Counsel for Respondent(s) : C.S.C. Ashok Kumar And 3 Others .....Petitioner(s) State Of U.P. Thru. Prin. Secy. Revenue Lko. And 7 Others .....Respondent(s) possession of their portion of the property in question till July, 2025. In July, 2025 opposite party no. 8 has given an application to the District Magistrate, Hardoi on the administrative side on which an order has been passed by the District Magistrate directing the Tehsildar and Block Development Officer, Baghauli and SHO, Baghauli to jointly decide the dispute saying that "Sanyukt roop se prakaran ka nistaran karen". After this order was passed by the District Magistrate, the Police and the Revenue Officials are constantly troubling the petitioners, hence this writ petition has been filed. 5. We have gone through the application filed on 30.07.2025 by the opposite party no. 8, which was initially filed before the Superintendent of Police and then referred to "Bhumi Vivad Cell" headed by the District Magistrate. The District Magistrate in Jan Sunwai held on 31.07.2025 has passed the order as aforesaid. In the application respondent no.8 has stated that the drainage adjacent to door of the applicant has been stopped and soak pit has also been blocked by the opposite parties, as a result of which her house would fall at any time due to seepage of water. It was also alleged in the application that the respondents are not allowing water from her house to flow in the nali towards soak pit. 6. It is not understood by this Court that despite repeated orders that the Administrative Authority should not interfere in private disputes, the District Magistrate has taken it upon himself and direct the Tehsildar, Block Development Officer and Station House Officer concerned to take appropriate steps. He should have dismissed the said application with an observation that the dispute being private in nature and relating to easmentory right Regular Suit should be filed before the Civil Court or Revenue Court concerned. 8. Accordingly, this writ petition stands disposed of. 9. The order dated 31.07.2025 on the application of the opposite party no. 8 dated 30.07.2025 is set aside leaving it open for the respondents no. 7 & 8 to approach the appropriate Civil and Revenue Courts. August 26, 2025 Darpan Sharma WRIC No. 8152 of 2025 2 (Brij Raj Singh,J.) (Mrs. Sangeeta Chandra,J.) Digitally signed by :- DARPAN SHARMA High Court of Judicature at Allahabad, Lucknow Bench