Neutral Citation No. - 2025:AHC:118601-DB Court No. - 21 Case :- WRIT - C No. - 23225 of 2025 Petitioner :- Sugreev Respondent :- State Of Up And 5 Others Counsel for Petitioner :- Dharm Jeet Singh,Mohan Yadav Counsel for Respondent :- C.S.C. Hon'ble Manoj Kumar Gupta,J. Hon'ble Ram Manohar Narayan Mishra,J. 1. The following prayer has been made in the instant writ petition:- "i. Issue a writ, order or direction in the nature of mandamus commanding and directing the respondent authorities to restrain the respondent No.6 not to make pucca construction over the land in question and restrain the respondent No.6 in interfering in the Sahan of the petitioner which is situated in west side of in front of the house of the petitioner and east side of the Pathway at village Poor, Police Station Pakadi, Tehsil Sikandarpur, District Ballia, Uttar Pradesh within stipulated period to be fixed by this Hon'ble Court." 2. The petitioner alleges that there is a pathway near his house, abutting the land of respondent No.6. It is alleged that respondent No.6 has encroached over the public pathway. 3. Learned counsel for the petitioner submits that in the past, respondent No.6 approached this Court by way of Writ Petition No.1928 of 2024 (Deen Bandhu Vs. State of U.P. and four others) alleging that petitioner had put up a Gomti over the pathway. The State Authorities were directed to obtain instructions and stand taken by them, was that the Gomti was got removed. Therefore, the writ petition was disposed of, vide order dated 14.03.2024 by a Co-ordinate Bench in terms of the stand taken by the State. It is alleged that now respondent No.6 has made encroachment over a public pathway. 4. It appears that there has been dispute between the parties in respect of the rasta since long. 5. In our considered opinion, in case same is being obstructed, it is open to the petitioner to avail civil remedy or file complaint under 175(3) BNSS. 5. Accordingly, we decline to examine the issue and leave it open for the petitioner to avail appropriate remedy. 6. The writ petition stands disposed of, accordingly. Order Date :- 21.7.2025 Ashish/- (R.M.N.Mishra, J.) (Manoj Kumar Gupta, J.) Digitally signed by :- ASHISH KUMAR SINGH High Court of Judicature at Allahabad