Neutral Citation No. - 2025:AHC:69020 Court No. - 76 Case :- CRIMINAL MISC. WRIT PETITION No. - 7274 of 2025 Petitioner :- Prakash Prasad And 3 Others Respondent :- State Of Uttar Pradesh And 4 Others Counsel for Petitioner :- Abhiuday Mehrotra,Chinta Mani Counsel for Respondent :- G.A. Hon'ble Vinod Diwakar,J. 1. Heard learned counsel for the petitioners and learned A.G.A. for the State-respondent, and perused the record. 2. The present writ petition has been filed seeking quashing of the entire proceedings in Case No. T202405310407858, pending before the Sub-Divisional Magistrate (SDM), Campierganj, District Gorakhpur. 3. Learned counsel for the petitioners submits that the petitioners have been in settled possession of the disputed property, classified as Category 6(2) "Dihi Abadi", since the year 1982. It is contended that the private complainant has repeatedly approached the SDM seeking removal of alleged encroachment over the said land. In support of the petition, reliance has been placed on inquiries conducted by various revenue authorities including the Lekhpal, Revenue Inspector, Naib Tehsildar, and Tehsildar, culminating in the report of the Additional District Magistrate dated 04.09.2015. It is argued that the impugned proceedings have been initiated without due consideration of the findings and observations made in the earlier round of litigation, and that the impugned order dated 25.08.2024 suffers from procedural irregularity and legal infirmity. 4. Per contra, learned A.G.A. for the State has drawn the attention of the Court to the fact that the SDM has acted within jurisdiction under Section 152(1) of CPC, and by order dated 25.08.2024, has merely invited objections from the petitioners. Instead of participating in the proceedings and raising their objections before the competent authority, the petitioners have chosen to directly invoke the writ jurisdiction of this Court. 5. Upon consideration of the submissions and the material placed on record, this Court is of the view that the impugned order dated 25.08.2024 does not disclose any manifest illegality or arbitrariness warranting interference at this premature stage. The order merely initiates a statutory process and affords the petitioners an opportunity to file their objections before the SDM. Further, it is also noted that the challenge to the impugned order has been made after a delay of approximately five months, without satisfactory explanation. 6. In view of the above, this Court finds no ground to exercise its extraordinary writ jurisdiction under Article 226 of the Constitution of India. The petition is thus premature and devoid of merit. 7. Accordingly, the writ petition stands dismissed. Order Date :- 1.5.2025 A.N. Mishra (Vinod Diwakar,J.) Digitally signed by :- AMARNATH MISHRA High Court of Judicature at Allahabad Digitally signed by :- AMARNATH MISHRA High Court of Judicature at Allahabad Digitally signed by :- AMARNATH MISHRA High Court of Judicature at Allahabad Digitally signed by :- AMARNATH MISHRA High Court of Judicature at Allahabad