Neutral Citation No. - 2025:AHC:31440-DB Court No. - 29 Case :- WRIT - C No. - 5618 of 2025 Petitioner :- Mahesh Kumar Respondent :- State Of U.P. And 13 Others Counsel for Petitioner :- Ajay Subrat Singh,Dhiranjan Singh Patel,Sheo Kinkar Singh,Suryaprakash Sharma Counsel for Respondent :- C.S.C. Hon'ble Ashwani Kumar Mishra,J. Hon'ble Donadi Ramesh,J. This writ petition has been filed with the prayer to command the respondents to restore petitioner's possession over Plot No.344 Area 0.0810 hectare, situated in Village Dariyamau, Pargana Ekdala, Tehsil Khaga, District Fatehpur. Learned counsel for the petitioner places reliance upon an order passed by Division Bench of this Court in Writ-C No.28553 of 2024 (Arun Prakash Shukla Vs. State of U.P. and others), decided on 11.2.2025. Learned Standing Counsel opposes the writ petition on the ground that a civil suit filed by petitioner is pending and there is no proceedings drawn by the police for transfer of possession. So far as the judgment of this Court in Arun Prakash Shukla (supra) is concerned, this Court had issued direction to restore the possession only after noticing that administrative authorities by specific written proceedings had transferred the petitioner's possession in that case. No such exigency arises in this matter. Mere presence of police personnel at the spot cannot lead to an inference that petitioner has been dispossessed by the police personnel. In matters of dispute of possession, the police personnel have to interfere only to ensure that peace and tranquility is maintained at the spot. In such circumstances, when the civil suit is pending, this Court would not be justified in directing restoration of possession to petitioner from private person. This is particularly so, as the right of petitioner in civil proceedings is yet to be adjudicated. Leaving it open for the petitioner to pursue his remedy before the competent civil court in the pending suit, this writ petition is consigned to records. Order Date :- 5.3.2025 Anil Digitally signed by :- ANIL KUMAR PATEL High Court of Judicature at Allahabad