Neutral Citation No. - 2025:AHC:145183-DB Court No. - 21 Case :- WRIT - C No. - 21982 of 2025 Petitioner :- Kripal Singh Respondent :- State Of U.P. And 8 Others Counsel for Petitioner :- Ashish Kumar Srivastava,Shreya Srivastava Counsel for Respondent :- C.S.C. Hon'ble Manoj Kumar Gupta,J. Hon'ble Ram Manohar Narayan Mishra,J. 1. The present petition has been filed praying for the following reliefs : "(a) issue a writ, order or direction in the nature of mandamus directing sub-inspector of police station refinery district Mathura namely Jagdish Singh not to interfere in development and construction work of petitioner without any order of competent court, over khasra no.83 situated in Mauja Rauchi Bangar, Tehsil Sadar, District Mathura. (b) issue a writ, order or direction in the nature of mandamus directing to sub- inspector of police station refinery district Mathura namely Jagdish Singh to explain under what circumstances and under which order of competent court he threatening and interfering in development and construction work of petitioner over khasra no.83 situated in Mauja Rauchi Bangar Tehsil Sadar District Mathura." 2. The admitted case of the petitioner is that he is developing a residential colony over his agricultural land measuring 23.30 acres and 3.92 acres of agricultural land belonging to one Smt. Rajkumari Devi, since deceased. It is also admitted that the petitioner instituted a civil suit bearing no.1177 of 2002 against Rajkumari Devi and in which ultimately an order of status quo came to be passed on 3.9.2005 in First Appeal From Order No.1115 of 2003 in relation to an area measuring 3.92 acres and the trial Court was directed to decide the suit expeditiously. 3. Smt. Rajkumari Devi died and thereafter the private respondents herein now represented by Shri Rahul Sahai, Advocate are claiming title over the land measuring 3.92 acres on basis of a Will in their favour. It also appears that the petitioner filed Original Suit No.258 of 2016 against the private respondents for cancellation of Will and it was decreed ex-parte on 19.10.2024. The private respondents filed an application under Order 9 Rule 13 C.P.C. and therein they filed an application for interim relief. The trial Court dismissed the application for interim relief and aggrieved thereby a revision was filed in which interim relief was granted to the private respondents. The petitioner is stated to have filed a petition under Article 227 No.3785 of 2025 before this Court wherein by an order dated 24.04.2025, this Court stayed the order of the revisional court dated 17.02.2025. The said petition is stated to be pending. 4. The instant petition has been filed alleging that when the petitioner started development work on the subject land on basis of a valid building plan approved by MVDA, it was interfered to by the State-respondents. 5. Learned Standing Counsel has placed on record the instructions received from the concerned police station and in which the specific stand taken is that the police authorities are strictly following the order dated 11.4.2024 passed in Writ - C No.14257 of 2024 (Phoolmati v. State of U.P. and 5 others) that the administrative authorities will not interfere in civil dispute between the parties. It is also stated that the police authorities are neither threatening anyone nor interfering in possession of any party. 6. Shri Rahul Sahai, learned counsel for the private respondents submits that the area measuring 3.92 acres belonging to Smt. Rajkumari Devi is plot no.80 and the property belonging to the petitioner is plot no.83 and in garb of raising constructions over plot no.83, the petitioner is interfering in the possession of the private respondents over plot no.80. 7. In the present petition, we are not concerned with the dispute between the petitioner and private respondents and as the relief has only been sought against the police authorities. As noted above, the police authorities have already taken the stand that no interference is being caused by them. Therefore, having regard to the said stand, we are of the opinion that no further direction is required to be issued by this Court. As regards private dispute between the parties, it is left open to them to get their rights decided in the pending proceedings or in such other manner, as may be advised. (R.M.N.Mishra, J.) (Manoj Kumar Gupta, J.) Order Date :- 22.8.2025 Shiv WRIC No. 21982 of 2025 2 Digitally signed by :- SHIV KUMAR SHARMA High Court of Judicature at Allahabad