Neutral Citation No. - 2025:AHC:27267 Court No. - 34 Case :- WRIT - C No. - 4116 of 2025 Petitioner :- Ganga Charan Respondent :- State Of U.P. And 6 Others Counsel for Petitioner :- Mohd Mohiuddin Siddiqui Counsel for Respondent :- C.S.C. Hon'ble Manish Kumar Nigam,J. 1. Heard learned counsel for the parties and perused the record. 2. This writ petition has been filed seeking following relief :- "A writ order or direction in the nature of seeking writ of certiorari for quashing the order dated 26.10.2023 passed by respondent no.2 i.e District Magistrate Sambhal District Sambhal. A writ order or direction in the nature of seeking writ of mandamus directing the respondents authorities specially respondent no.4 vacate the illegal encroachment in the public way by the respondent no.6 and 7..n." 3. A preliminary objection has been raised by learned Standing Counsel that dispute of the petitioner is with private respondent Nos. 5, 6 & 7 regarding property in question and, as such, the writ petition is not maintainable. 4. I have perused the averments made in the writ petition and the annexures annexed thereto. From perusal of the same, it is apparent that dispute of the petitioner is with private respondent Nos. 5, 6 & 7 regarding property in question. 5. The Supreme Court in the case of Shalini Shyam Shetty v. Rajendra Shankar Patil, (2010) 8 SCC 329 has considered a large number of its earlier judgements and held that writ petition is not the proper remedy in respect of the property dispute and the party should be relegated to seek appropriate remedy before the Civil or Revenue Court. Paragraph nos. 64 and 65 of the judgment in Shalini Shyam Shetty (supra) are extracted hereinbelow-: "64. However, this Court unfortunately discerns that of late there is a growing trend amongst several High Courts to entertain writ petition in cases of pure property disputes. Disputes relating to partition suits, matters relating to execution of a decree, in cases of dispute between landlord and tenant and also in a case of money decree and in various other cases where disputed questions of property are involved, writ courts are entertaining such disputes. In some cases the High Courts, in a routine manner, entertain petitions under Article 227 over such disputes and such petitions are treated as writ petitions. 65. We would like to make it clear that in view of the law referred to above in cases of property rights and in disputes between private individuals writ court should not interfere unless there is any infraction of statute or it can be shown that a private individual is acting in collusion with a statutory authority." 6. In view of the law laid down by the Supreme Court, I am not inclined to interfere in the matter. 7. Accordingly, the writ petition is disposed of with liberty to the petitioner to avail the remedy as available to him under law. Order Date :- 27.2.2025 Rishabh [Manish Kumar Nigam, J.] Digitally signed by :- RISHABH KUMAR High Court of Judicature at Allahabad