HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. WRIT PETITION No. - 18735 of 2022 Court No. - 79 HON'BLE ALOK MATHUR, J. 1. Heard Sri Vikas Srivastava, learned counsel for the petitioner as well as learned AGA for the State and perused the records. 2. This writ petition has been filed by the petitioner for direction to the respondent no.2 to comply its own order dated 14.12.1983 passed by respondent no.2 regarding the plot No.1138 area 4 dhoor situated in the village Chilla Gauhani, Tehsil Bara, District Prayagraj (Allahabad) within stipulate period. 3. It has been submitted by the counsel for the petitioner that the present dispute pertains to the property situated at plot no. 1138, area 4 dhoor, situated at Village Chilla Gauhani, Tehsil Bara, District Prayagraj. The dispute pertains to possession of the aforesaid property where on one hand the petitioner is claiming to be owner and entitled to possession which is seriously disputed by certain persons who have not been made respondents in the present petition. It is the aspect of the said dispute which has reached the Sub-Divisonal Magistrate, Prayagraj who initiated proceeding under Section 145 Cr.P.C. The Sub-Divisonal Magistrate, Prayagraj has called for a report from the police and he found that there Versus Counsel for Petitioner(s) : Ashok Kumar Yadav, Manoj Kumar Srivastava, Vikas Srivastava, Vishal Srivastava Counsel for Respondent(s) : Azad Rai, G.A. Jaggan Nath .....Petitioner(s) State Of U.P. And 3 Others .....Respondent(s) are serious apprehension of breach of peace inasmuch as there are allegations of construction of a wall illegally by the petitioner on the disputed land which has been objected to by one Ram Narayan and certain other persons. Before the authority Ram Narayan had contended that the said was being constructed on the land owned by him while the petitioner was contesting the said fact and accordingly there was apprehension of breach of peace on the aforesaid facts. 4. The Sub-Division Magistrate after appreciating the facts had directed that the possession of the said property to be handed over in favour of the Jagannath, the petitioner before this Court. The order dated 14.12.1983 was assailed in revision and the same was dismissed by means of the order dated 15.07.2009 by the Additional Sessions Judge, Allahabad in Criminal Revision No. 442 of 1990. In the aforesaid circumstances, by means of the present writ petition the petitioner has prayed for compliance of the order dated 14.12.1983. 5. A counter affidavit has been filed by the Sub- Inspector, Police Station Lalapur District Prayagraj wherein he has stated that it is a civil dispute and only for maintaining breach of peace that proceedings under Section 145 Cr.P.C. was initiated. 6. Considering the rival submission and especially the claim of the petitioner that the compliance of the order dated 14.12.1983 firstly it is noticed that the matter pertains to more than 40 years in relation to a disputed piece of property under Section 144/145 Cr.P.C. The proceedings under Section 144/145 Cr.P.C are primarily to maintain peace between the parties and accordingly a preliminary order was passed inviting the objections and subsequently the order is finalized. The proceedings of maintaining peace are subject to decision of the civil CRLP No. 18735 of 2022 2 court of competent jurisdiction inasmuch as the partis in the meanwhile are required to approach the civil court for resolution of the civil dispute before the court of competent jurisdiction. It is clear that jurisdiction of the Magistrate under Section 144 is limited only to maintenance of peace and he does not decide the lis between the parties pertaining to the dispute. The orders of maintaining peace are passed only during the period the matter is decided by the court of competent jurisdiction. In the present case the it is the exercise of power under Section 144 that the order dated 14.12.2023 has been passed directing the handing over the possession of the disputed property in favour of the petitioner. 7. This Court find that in order to take assistance of the aforesaid order it was open for the petitioner to move an appropriate application to the authorities himself with expedition and not after such a long period of delay. Even otherwise the appropriate course is to approach a court of competent jurisdiction and to seek an injunction in case any order with regard to the disputed property is required to be passed. The Administrative Authorities do not have any right to decide the issue pertaining to the title of the disputed property or to pass any order of injunction with regard to the same. Accordingly firstly, looking in the during of time the present order has been passed and secondly the nature of relief sought, this Court is of the considered view that it is appropriate for the petitioner to approach court of civil jurisdiction for vindication of his rights. It is only after determination of lis pertaining to the disputed property and appropriate orders can be passed by the civil Court and in case if the prayer of the petitioners in the present writ petition is allowed then it would be amounting to a direction to comply with the directions of the Magistrate with regard CRLP No. 18735 of 2022 3 to the ownership and title of the property for which this Court is of the considered view that the jurisdiction does not vest with the Magistrate. Even otherwise proceedings under Section 144 Cr.P.C. are summary in nature and are confined only for determination with regard to possession and not to the title of the property. 8. In view of the aforesaid reasons, this Court is not inclined to allow the present petition and accordingly, subject to the direction that the petitioner has liberty to approach civil court, the writ petition stands dismissed. September 19, 2025 AS CRLP No. 18735 of 2022 4 (Alok Mathur,J.) Digitally signed by :- ABHISHEK SINGH High Court of Judicature at Allahabad