Neutral Citation No. - 2025:AHC:52599 Court No. - 76 Case :- MATTERS UNDER ARTICLE 227 No. - 3465 of 2025 Petitioner :- Ghanshayam Pathak Respondent :- State Of Up And 5 Others Counsel for Petitioner :- Ashiyam Nasir,Shabeena Begum Counsel for Respondent :- G.A.,Pramod Pathak Hon'ble Vinod Diwakar,J. 1. Heard Ms. Shabeena Begum, learned counsel for the petitioner, Shri Pramod Pathak, learned counsel for the respondent nos. 4 to 6, Shri Vibhav Anand Singh, learned A.G.A. for the State and perused the material available on record. 2. The present writ petition has been filed with the prayer to stay the effect and operation of the order dated 30.01.2025, passed by the Additional District & Sessions Judge/Special Judge (Essential Commodities Act), Varanasi in Criminal Revision No. 20 of 2024 (Ghanshyam Pathak v. State), and also the order dated 12.01.2024, passed by the Executive Magistrate/Additional Police Commissioner, Commissionerate Varanasi. 3. Learned counsel for the petitioner submits that the application under Section 133(1) Cr.P.C. was filed to remove an obstruction allegedly created by respondent nos. 2 to 6 on a pathway over abadi land (Gata No. 148), intended to be connected to a chak road for public use. An inquiry was conducted by the Nayab Tehsildar, who, by report dated 04.08.2023, recommended maintenance of status quo. 4. Subsequently, the Executive Magistrate/Additional Police Commissioner passed a preliminary order dated 15.09.2023 under Section 133 Cr.P.C., directing respondent nos. 2 to 6 to remove the obstruction or file objections. The respondents filed their objections asserting that the proceedings under Section 133 Cr.P.C. were not maintainable. The Executive Magistrate, upon considering the objections, recalled the preliminary order and held that the proceedings were not maintainable, by order dated 12.01.2024. 5. The revision preferred by the petitioner against the said order was dismissed by the Revisional Court on 30.01.2025, upholding the order of the Executive Magistrate. 6. Upon consideration of the submissions advanced and perusal of the impugned orders, this Court finds no illegality or perversity in the orders passed by the courts below warranting interference under Article 226 of the Constitution of India. The proceedings under Section 133 Cr.P.C. involve questions of public nuisance and summary jurisdiction, and where the matter involves disputed facts or title to immovable property, the appropriate remedy lies before the civil court. 7. In view of the above, no case for interference is made out. The writ petition is accordingly dismissed. Order Date :- 10.4.2025 A. Tripathi Justice Vinod Diwakar Digitally signed by :- AKHILESH TRIPATHI High Court of Judicature at Allahabad