Neutral Citation No. - 2025:AHC:115707-DB Court No. - 21 Case :- WRIT - C No. - 22835 of 2025 Petitioner :- Madarsa Anjuman Islamia Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Sanjay Kumar Mishra Counsel for Respondent :- C.S.C. Hon'ble Manoj Kumar Gupta,J. Hon'ble Ram Manohar Narayan Mishra,J. 1. The vakalatnama filed by Sri J.P. Gupta and Sri Arun Kumar, Advocates on behalf of respondents no. 4 and 5 is taken on record. 2. The following reliefs have been prayed for in the present writ petition: "a. Issue a writ order or direction in the nature of mandamus commanding and directing the respondent No. 3, 4 and 5 not to interfere with the peaceful possession of petitioner's land bearing Arazi No. 2521, 2522 and 2431 area 0.3440 hectare, 0.3560 hectare and 0.2180 hectare respectively of Mauja Majhauli, Raj, Tappa Haweli, Tehsil Salempur, District Deoria. b. Issue a writ order or direction in the nature of mandamus commanding and directing the respondent No. 3 to consider the claim/representation of petitioner made before him on 23.04.2025." 3. The petitioner alleges that the land in dispute is recorded in the name of Madarsa and Nagar Panchayat, Majhauli and the District Authorities are interfering in the use and enjoyment of the land. 4. Learned counsel appearing for respondent no. 4 points out that the petitioner has already instituted Original Suit No. 2002 of 2021 against Nagar Panchayat, Majhauli and in the said suit, initially an exparte interim injunction was also granted. Subsequently, the suit was dismissed in default on 11.04.2023. A restoration application is pending. It is urged that in such circumstances, the present writ petition is not maintainable. 5. Learned counsel for the petitioner contends that the entire land in respect of which present petition has been filed, was not subject matter of the suit. 6. As is evident from the reliefs claimed, the present writ petition, inter-alia, relates to Arazi No. 2521, which we find was also the suit property in the civil suit. The petitioner, thus, has remedy before the Civil Court to amend the plaint, if the suit is restored, or to institute fresh suit. 7. No good ground is made out to examine the dispute in exercise of writ jurisdiction. 8. The writ petition is, accordingly, dismissed with liberty to the petitioner to avail civil law remedies. (R.M.N. Mishra, J.) (Manoj Kumar Gupta, J.) Order Date :- 17.7.2025 gp Digitally signed by :- GANESH PRAKASH High Court of Judicature at Allahabad