Neutral Citation No. - 2025:AHC:128353-DB Court No. - 21 Case :- WRIT - C No. - 13906 of 2025 Petitioner :- Dashrath Respondent :- State Of U.P. And 5 Others Counsel for Petitioner :- Ashutosh Ganguli,Pranab Kumar Ganguli Counsel for Respondent :- C.S.C. Hon'ble Manoj Kumar Gupta,J. Hon'ble Ram Manohar Narayan Mishra,J. 1.The following prayers have been made in the present petition:- "(i) Issue a writ, order or direction in the nature of mandamus commanding the respondent No.1 to provide Police Aid for peaceful construction of Pucca House under the Prime Minister Awas Yojana on the Plot No/Gata No.388 Kha (area 0.025 Hectare), Village Kaithwala, Tahsil Mehdawal, District Sant Kabir Nagar. (ii) Issue a writ order or direction in the nature of mandamus commanding the respondent No.1 to decide the petitioner's representation dated 01.03.2025." 2. The case of the petitioner is that petitioner being owner of Plot/Gata No.388 Kha, area 0.025 hectare, Village Kaithwala, Tehsil Mehdawal, District Sant Kabir Nagar, applied for financial aid under the Prime Minister, Awas Yojana. The same was sanctioned in his favour. While he was trying to raise construction over his bhumidhari land from the funds provided to him under the Government Scheme, it was resisted by private respondent No.5. 3. It appear that petitioner also filed a complaint on IGRS Portal and said complaint was disposed of stating that the petitioner is trying to raise construction over the land, which does not tally with the boundaries mentioned in the sale deed on basis of which, he is claiming title. It is stated that in the circumstances aforesaid, it is open to the petitioner to get his land partitioned by filing proceedings under Section 116 of the U.P. Revenue Code, 2006. 4. It is not disputed that petitioner has purchased a part of joint holding and therefore, while disposing of the application of the petitioner filed on IGRS Portal, it has been suggested that petitioner can get his land partitioned under Section 116 of the U.P. Revenue Code, 2006. 5. Sri Pranab Kumar Ganguli, learned counsel for petitioner submits that since financial aid has been sanctioned in favour of the petitioner under the Prime Minister, Awas Yojana and therefore, the respondents have to come in aid of the petitioner in preventing respondent No.6 from interfering in raising constructions. 6. We are unable to accept the submission. Mere sanction of financial aid under the scheme does not mean that the State has examined the right, title and interest of the petitioner over the land, over which, he is seeking to raise construction. Respondent No.6, who is also claiming rival interest, has right to defend it. 7. We also feel that in the circumstances, stated above, the authorities cannot provide State machinery in helping the petitioner to raise construction unless the rival claims of the petitioner and respondent no.5 are settled by a Court of law. 8. Consequently, we dispose of the instant petition with liberty to the petitioner to file a partition suit under Section 116 of the U.P. Revenue Code, 2006 or seek such other remedy, as may be advised. (R.M.N.Mishra, J.) (Manoj Kumar Gupta, J.) Order Date :- 31.7.2025 Amit Digitally signed by :- AMIT KUMAR High Court of Judicature at Allahabad