Neutral Citation No. - 2025:AHC:117140-DB Court No. - 21 Case :- WRIT - C No. - 11549 of 2025 Petitioner :- Vijay Saxena Respondent :- Union Of India And 2 Others Counsel for Petitioner :- Vishal Tandon Counsel for Respondent :- A.S.G.I.,C.S.C.,Manoj Kumar Singh Hon'ble Manoj Kumar Gupta,J. Hon'ble Ram Manohar Narayan Mishra,J. 1. Heard Sri Vishal Tandon, learned counsel for the petitioner, Sri Manoj Kumar Singh, learned counsel for the respondents No.1 and 2 and Sri Rajeev Gupta, learned Additional Chief Standing Counsel for respondent No.3. 2. The following prayers have been made in the instant petition :- "i. To call for the records and issue a writ, order or direction in the nature of mandamus commanding the Respondent Nos. 1 and 2 not to interfere in the peaceful possession of the petitioner upon his land situated in 37/180A, Madhunagar Chauraha, Agara and also not to raise any objection in raising boundary wall by the petitioner upon his land situated at 37/180A, Bundu Katra, Madhunagar Chauraha, Gwalior Road, Agra in Khasra No.178. ii. To issue a writ, order or direction in the nature of mandamus commanding the Respondent No.3 to provide adequate police protection to the petitioner so that he may construct a boundary wall upon his land situated at 37/180A Bandu Katra, Madhunagar Chauraha, Gwalior Road, Agra in Khasra No.178." 3. The case of the petitioner is that the subject land is private property of the petitioner and the Army was wrongly claiming title over it. This compelled the petitioner to institute a civil suit against the aforesaid respondent, and it was decreed on 27.08.2015.Thereafter, the appeal filed against the same was also dismissed on 10.01.2025, still respondents No.1 and 2 have been interfering in the possession of the petitioner. 4. Sri Manoj Kumar Singh, learned counsel for the Union of India submits that according to his instructions, the subject land is Army land. He states that respondents Nos.1 and 2 are intending to file a Second Appeal before this Court, challenging the judgment and decree passed in civil proceedings. 5. It is also submitted that the petitioner has remedy of executing the decree, through the civil court. 6. The right of respondents No.1 and 2 to file appeal against the judgment and decree of the civil courts cannot be disputed. In the said proceedings the claim of the respondents that the subject land is in fact Army land and the findings recorded by the courts below are incorrect would be examined. 7. We refrain from making any comment on the said aspect, as it would prejudice the decision in second appeal, as may be filed by respondents No.1 and 2. Undoubtedly the petitioner has remedy to execute the decree under Order XXI Rule 32 C.P.C. which he can always avail. 8. Subject to the aforesaid liberty to the petitioner, the writ petition stands disposed of. Order Date :- 18.7.2025 Ashish/- (R.M.N.Mishra, J.) (Manoj Kumar Gupta, J.) Digitally signed by :- ASHISH KUMAR SINGH High Court of Judicature at Allahabad