Neutral Citation No. - 2025:AHC:125442-DB Court No. - 21 Case :- WRIT - C No. - 24669 of 2025 Petitioner :- Santosh Kumar Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Pawan Kumar Counsel for Respondent :- C.S.C.,Narendra Kumar Tiwari Hon'ble Manoj Kumar Gupta,J. Hon'ble Ram Manohar Narayan Mishra,J. 1. The case of the petitioner is that he is having a boring over his land. It was sanctioned under Mukhyamantri Small Irrigation Scheme. The State-respondents have sanctioned a new boring in favour of respondent no.5 over his adjoining land. The distance of the boring which has been sanctioned in favour of respondent no.5 is less than 150 mtrs, the prohibited distance under the Government Order. The petitioner has represented before various authorities and since no heed was paid to his representation and on the other hand the respondents have installed the boring, therefore, the present petition has been filed. 2. We observe that the petitioner has already instituted a civil suit being Original Suit No.451 of 2024 (Santosh Kumar Vs. Rajesh Kumar) against respondent no.5, wherein it is admitted that no interim relief was granted in his favour. 3. Learned Standing Counsel has placed on record the instructions received from the State-respondents. Along with it, a communication by Junior Engineer, addressed to Assistant Engineer, Small Irrigation, Fatehpur, has been filed wherein it has been mentioned that upon spot inspection, it transpired that the distance between two boring is 152 mtrs. It is submitted that in view of the same, boring was rightly installed. 4. In such view of the matter, we are of the opinion that in case there is any grievance left to the petitioner, he may approach respondent no.3 for redressal. 5. At this stage, learned counsel for the petitioner submits that the petitioner has already approached respondent no.3. 6. Keeping in mind the above, we dispose of the instant petition with liberty to the petitioner to approach respondent no.3 by means of a fresh representation and in which event, respondent no.3 will take appropriate decision, after hearing the parties. 7. Before parting, we record the statement of learned counsel for the petitioner that the petitioner will withdraw the pending suit. 8. We further clarify that respondent no.3 will take decision in the matter in compliance of the instant order, only if the civil suit is withdrawn and copy of the said order is filed by the petitioner along with his representation. Order Date :- 29.7.2025 CS/- (R.M.N. Mishra, J.) (Manoj Kumar Gupta, J.) Digitally signed by :- CHANDAN SINGH High Court of Judicature at Allahabad