Neutral Citation No. - 2025:AHC:142332-DB Court No. - 21 Case :- WRIT - C No. - 27038 of 2025 Petitioner :- Rashid Hussain Khan Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Mohammad Tahir Kurashi,Mohd Shamim Khan,Shadab Ansari 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 present petition: "i) issue a writ, order or direction in the nature of mandamus directing the respondent No. 2 to decide the representation of petitioner dated 26.07.2025 within stipulated period which is pending before the respondent No. 2 (Annexure No. 4 to the writ petition). 2. The case of the petitioner is that his father during his life time divided his property amongst his sons and daughters. The partition deed is dated 20th July, 1990. It is alleged that the petitioner has purchased the portion falling to the share of his three sisters. It is also alleged that the petitioner handed over possession of some portion of his property to his real brother, Asif Husain Khan as a gesture of good will during the period he was carrying out renovation of the property falling to his share. Now he is refusing to vacate the property and has locked the main gate and claims right over the portion, which has fallen to the share of the petitioner. The petitioner has, accordingly, made representation to the District Magistrate for restraining the S.H.O. from interfering in the possession of the petitioner. 3. Although, the petitioner has sought relief in the representation against S.H.O. but if we go through the averments made in the representation, it is evident that the dispute is between the petitioner and his brother and in our considered opinion, in such a situation, the District Magistrate nor any of the executive authorities will have power to take any action except maintaining law and order, in case of breach of peace. 4. Consequently, we decline to direct the executive authorities to decide the representation, as that may result in intermeddling by the executive authorities in a private dispute. 5. The petition is disposed of, with liberty to the petitioner to avail such other remedies, as may be advised. (R.M.N. Mishra, J.) (Manoj Kumar Gupta, J.) Order Date :- 20.8.2025 gp Digitally signed by :- GANESH PRAKASH High Court of Judicature at Allahabad