HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. WRIT PETITION No. - 23295 of 2025 Court No. - 81 HON'BLE AVNISH SAXENA, J. 1. Sri Madan Lal Srivastava, learned counsel for the petitioner appears and filed supplementary affidavit today in the court. The same is taken on record. He submits that the matter under Section 133 Cr.P.C. is pending before Sub Divisional Magistrate, Mauranipur, District Jhansi. Learned counsel has drawn the attention of this Court towards the order dated 18.10.2021 passed in Writ-C No. 23408 of 2021 (Balveer Singh Vs. State of U.P. and three others), wherein opposite party nos. 4 and 5 had given assurance before the Bar that they will not made any construction over the disputed land. The relevant extract is reiterated underneath :- "2. As per the directions of previous orders of this Court dated 21.9.2021, learned Standing counsel has placed before this Court the instructions supplied to him by Sub Divisional Magistrate, Mauranipur, Jhansi. According to the said instructions gata No.876, area 0.473 hect. is shown as public way and it was further stated that no construction is being made on the said land. The petitioner claims to be the owner in possession of gata No.875 area 1.429 hect. which is adjacent to gata No.876/0.473 hect. There was some dispute with regard to demarcation of the land and the same has been finalized in proceedings under Section 24 of U.P. Revenue Code, 2006 by means of order dated 24.3.2021 passed by Sub Divisional Magistrate, Mauranipur Jhansi. Both the parties agree and do not dispute the order dated 24.3.2021. It has been categorically submitted by learned Standing counsel on the basis of the instructions received that after demarcation there is no dispute remaining with regard to ownership and possession of the respective land held by the petitioner. 3. Considering the aforesaid submissions, with the consent of the parties, the present writ petition is disposed of with a direction to the respondents not to interfere in peaceful possession of the petitioner over gata No.875 area 1.429 hect. which has been held to be in possession of the petitioner as per order dated 21.3.2021." Versus Counsel for Petitioner(s) : Himanshu Srivastava, Madan Lal Srivastava Counsel for Respondent(s) : Deepak Gaur, G.A. Balveer Singh And Another .....Petitioner(s) State Of U.P. And 4 Others .....Respondent(s) 2. Learned counsel further submits that civil suit filed by the petitioner bearing no. 249 of 2020 ( Balveer Singh and others Vs. Nokam Singh and others) is pending before the court, wherein the application under Order 39 Rule 1 and 2 has been disposed of in favour of the petitioner, but despite the orders of the courts, the opposite party nos. 4 and 5 are still continuing with the construction. Learned counsel is aggrieved by non proceeding of provisions of Section 133 Cr.P.C. by respondent no.2/ Sub Divisional Magistrate, Tehsil Mauranipur, District Jhansi. Hence seeks interference of this Court. 3. Learned AGA is present for the State-opposite party no.1. 4. Sri Deepak Gaur, learned counsel for respondent no.3 (Land Management Committee), Gram Sabha has submitted that respondent no.3 is not a party before respondent no.2 (Sub Divisional Magistrate) in application under Section 133 Cr.P.C. 5. There is no point in issuing notice to private respondent nos. 4 and 5. 6. This Court has considered the record and the argument made by the parties and is of the view that the application moved by the petitioner under Section 133 Cr.P.C. in O.S. No. 2324 of 2025 [Computerized Case No. T202506370302324 (Balveer Singh Vs. Pawan Prem Narayan)] be disposed of expeditiously. 7. Till the disposal of the application, the respondent no.2 shall consider the direction issued by this Court in previous order detailed above and the order passed by Civil Court and shall issue necessary direction in compliance with the above directions. 8. Accordingly, the writ petition is disposed of. October 29, 2025 Abhishek Sri. CRLP No. 23295 of 2025 2 (Avnish Saxena,J.) Digitally signed by :- ABHISHEK RANJAN SRIVASTAVA High Court of Judicature at Allahabad