Neutral Citation No. - 2025:AHC:138146-DB Court No. - 21 Case :- WRIT - C No. - 23652 of 2025 Petitioner :- Prem Shankar Respondent :- State Of U.P. And 8 Others Counsel for Petitioner :- Prachi Yadav,Ramendra Kumar Yadav,Richa Srivastav Counsel for Respondent :- C.S.C. Hon'ble Manoj Kumar Gupta,J. Hon'ble Ram Manohar Narayan Mishra,J. 1. The case of the petitioner is that her house bearing No.117 of 85, Kakadev village, Kanpur Nagar was in dilapidated condition and therefore, the petitioner started renovating the same. At this stage, respondent Nos.5 to 9 succeeded in taking possession of some part of the house of the petitioner and are now interfering in the renovation of the building. 2. Accordingly, the petitioner has made a representation to District Magistrate to remove the encroachment allegedly made by respondents No.5 to 9, so that justice may be done to him. 3. Evidently, there is dispute in relation to immovable property between the petitioner and the private respondents. The allegation that respondents No.5 to 9 have made encroachment would necessarily require a factual inquiry. 4. In our opinion, the remedy of the petitioner is not by way of instant petition, but under common law which he can always avail. 5. Accordingly, with aforesaid liberty to the petitioner, the petition stands disposed of. Order Date :- 13.8.2025 Ashish/- (R.M.N.Mishra, J.) (Manoj Kumar Gupta, J.) Digitally signed by :- ASHISH KUMAR SINGH High Court of Judicature at Allahabad