HIGH COURT OF JUDICATURE AT ALLAHABAD WRIT - C No. - 30402 of 2025 Court No. - 29 HON'BLE MAHESH CHANDRA TRIPATHI, J. HON'BLE ANISH KUMAR GUPTA, J. 1. Heard learned counsel for the petitioner, Shri Ambrish Shukla, learned Additional Chief Standing Counsel for the State-respondents and Shri Pankaj Dwivedi, learned counsel for the respondent No.4. 2. In view of the order we propose to pass, no notice is required to be sent to the private respondent Nos.5 to 8. 3. The instant writ petition has been filed praying inter alia for the following relief: "(i) Issue writ, order or direction in the nature of Mandamus directing the respondent no. 3 to issue an ad-interim mandamus directing the respondent no. 2 and 3 to restrain the respondent no. 4 to 8 to carry out any construction over property assessment no.179A and 178A with the appurtenant open land situated in Mohalla Shahipura Post-Markeen ganj, Police Station-Kotwali, District-Ghazipur." 4. At the very outset, learned counsel for the respondent Authority has raised a preliminary objection regarding maintainability of the writ petition preciously on the ground that as per the claim setup by the petitioner the dispute is between the petitioner and the private respondents, who are arrayed in array of party as private-respondent no. 4 to 8. He submits that the private dispute cannot be pressed by way of Versus Counsel for Petitioner(s) : Puneet Kumar Verma Counsel for Respondent(s) : C.S.C. Rakesh Kumar Jaiswal .....Petitioner(s) State Of U.P. And 7 Others .....Respondent(s) filing a writ petition under Article 226 of the Constitution of India. 5. Once petitioner's grievance is that private respondents are trying to make constructions over the aforesaid plot in question, then remedy of petitioner lies in filing civil suit and requesting therein for grant of ad- interim injunction, which would be tested upon the parameters of prima- facie case, balance of convenience and irreparable loss. 6. Coupled with this in case private respondents are taking law into their own hand then remedy of petitioner lies in lodging First Information Report under Section 154 Cr.P.C. and in case the First Information Report is not lodged, then he may approach to the Senior Superintendent of Police and even if there is inaction on the part of authority concerned, then the judicial forum can be invoked by moving application under Section 156 (3) Cr.P.C. wherein competent Magistrate has got full authority to pass an order directing for investigation and lodging of First Information Report, and if even the said procedure is not adhered to, then petitioner can file complaint case supported by evidence under Section 200 and 202, Cr.P.C. 7. Once common law remedy has been provided for under both the Civil Procedure Code and Criminal Procedure Code, then petitioner should pursue the aforesaid remedy in stead of running to this Court. 8. In view of this, present writ petition is disposed of. September 18, 2025 NLY WRIC No. 30402 of 2025 2 (Anish Kumar Gupta,J.) (Mahesh Chandra Tripathi,J.) Digitally signed by :- NAND LAL YADAV High Court of Judicature at Allahabad