Neutral Citation No. - 2025:AHC:78361 Court No. - 35 Case :- WRIT - C No. - 9230 of 2025 Petitioner :- Ashok Kumar Respondent :- State Of U.P. And 6 Others Counsel for Petitioner :- Ajit Kumar Pathak Counsel for Respondent :- Vidya Prakash Singh,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 for the following reliefs:- "i. Issue a writ order or direction in the nature of mandamus commanding to the Respondent No.1 to 3 to ensure the peaceful possession of Land Gata No.302/1168 Area 0.512 Hectare situated in Village-Lasa, Pargana-Ghisua, Tehsil-Machhalishahar, District- Jaunpur of petitioner, the possession where of given by Revenue team on 21.10.2021 to him Under Section 24 of U.P. Revenue Code 2006 and further they be directed to take appropriate action against the respondents No.6 and 7 and restrained them from interfering in possession of petitioner over the said land and also they be restrained from interfering of cultivation, irrigation and harvesting of crops sown by petitioner on the said land. ii. Issue a writ, order or direction in the nature of mandamus commanding to the Respondent No.2 to pass appropriate final order in Case No.T- 202414360309426 Under Section 22/23 U.P. Revenue Code 2006 Ashok Kumar Versus Vansh Raj Village-Lasa, Pargana- Ghisua, Tehsil- Machhalishahar, District-Jaunpur pending before him, within a stipulated period fixed by this Hon'ble Court. iii. Issue a writ order or direction in the nature of mandamus commanding the Respondent No.2 to pass appropriate order on the application dated 27.10.24 moved by petitioner Under Section 22/23 of U.P. Revenue Code 2006 (Annexure No.6 to the writ petition) within specified period fix by this Hon'ble Court." 3. A preliminary objection has been raised by learned Standing Counsel that the dispute of the petitioner is with the private respondents regarding property in question and as such writ petition is not maintainable. 4. After the demarcation proceedings were over, the petitioner was put in possession in the year 2021. Now, as per the allegation made in the writ petition, the possession of the petitioner was disturbed by the private respondent no.7. It is apparent that the dispute of the petitioner is with private respondents. 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 :- 13.5.2025 S. Singh (Manish Kumar Nigam, J.) Digitally signed by :- SAVITA SINGH High Court of Judicature at Allahabad Digitally signed by :- SAVITA SINGH High Court of Judicature at Allahabad