HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW WRIT - C No. - 8745 of 2025 Court No. - 2 HON'BLE MRS. SANGEETA CHANDRA, J. HON'BLE BRIJ RAJ SINGH, J. 1. Heard learned Counsel for the petitioner, learned Standing Counsel appearing on behalf of the State Respondents and Sri Ram Kumar Singh, Advocate, who has taken notice on behalf of respondent nos.2 & 3. 2. This petition has been filed with the following main prayer:- "Issue a writ order or Direction in the nature of Mandamus commanding the opposite parties not to create any hindrance over the peaceful possession over the land in question bearing Gata no.840/0.926 hect. Situated at Village Belhara, Pargana and Tehsil Fatehpur, District Barabanki." 3. It is the case of the petitioner that he had bought land of Gata No.840 from its erstwhile owner Raja Mohd. Amir Mohammad Khan Saheb Bahadur of Mahmudabad through his Power of Attorney holder Sayeed Sagir Hassan Naqvi through a registered sale deed on 06.04.2017, and after execution of the said sale deed dated 06.04.2017, the petitioner came in possession of land of Gata No.840 and applied for mutation. On the basis of the said sale deed, the mutation was made by the Revenue Authorities in the kahatauni. A copy of the khatauni 1428-1433 Fasli dated 25.04.2018 has been filed as annexure-2 to the writ petition. The land of Gata No.840 kha is adjacent to the land of Gata No.840 towards Versus Counsel for Petitioner(s) : Vivek Kumar Srivastava Counsel for Respondent(s) : C.S.C., Ram Kumar Singh Mohd. Israr .....Petitioner(s) State Of U.P. Thru. Prin. Secy. Deptt. Of Urban Development, Lko. And 3 Others .....Respondent(s) south of the said Gata and there is no actual physical partition/ demarcation of the two Gatas adjoining each other. The petitioner on obtaining possession of Gata No.840 ad-measuring 0.0926 hectare developed the said land and also executed sale deeds in favour of other person, which are also registered in the office of Sub-Registrar Barabanki, but now the respondent nos. 2 and 3 have issued a tender for construction of marriage lawn on such land and have started digging land of the petitioner, after such tender was finalized. The petitioner has submitted an application to the Sub Divisional Magistrate Tehsil Fatehpur District Barabanki on 02.08.2025, but no heed has been paid. The petitioner has therefore approached this Court with the aforesaid prayer. 4. Learned Counsel appearing on behalf of the respondent nos. 2 and 3 has stated, on the basis of instructions, that the petitioner has already approached the Civil Court by filing a Regular Suit No.738 of 2025: Mohd. Israr Vs. Nagar Panchayat, Belhara, Barabanki and others, seeking permanent injunction, which has not been disclosed in the pleadings of the writ petition. 5. This petition is disposed of with liberty to the petitioner to pursue his case before the Civil Court. September 8, 2025 Rahul WRIC No. 8745 of 2025 2 (Brij Raj Singh,J.) (Mrs. Sangeeta Chandra,J.) Digitally signed by :- RAHUL TRIPATHI High Court of Judicature at Allahabad, Lucknow Bench