HIGH COURT OF JUDICATURE AT ALLAHABAD WRIT - C No. - 30560 of 2025 Court No. - 40 HON'BLE SARAL SRIVASTAVA, J. HON'BLE AMITABH KUMAR RAI, J. 1. Heard learned counsel for the petitioner and learned Standing Counsel for State-respondents. 2. The petitioner by means of the present writ petition has prayed for the following relief:- "i. Issue a writ, order or direction in the nature of mandamus directing the respondents to consider the grievance of petitioner and not to interfere in the peacefully possession over the Gata/Arazi No.340 measuring area 0.03060 hectare in pursuance of auction order dated 22.03.2024 passed by Additional Principal Judge Family Court in the interest of justice. ii. Issue any other order or direction which this Hon'ble Court may deem fit and proper under the facts and circumstances of the case." 3. The grievance of the petitioner is that a sale deed in respect of property in dispute has been executed by respondent no.5 in favour of petitioner, and petitioner's name has been mutated in the revenue records, yet respondent no.2 is taking possession over the property in dispute in execution of the judgement and order passed by the Additional Principal Judge, Family Court, Basti in Criminal Misc. Case No.42 of 2016. 4. Since there is a decree/order in respect of property in dispute to execute the same, the District Magistrate, Basti is taking possession over the property in dispute, therefore, remedy of the petitioner is not the present writ petition as the remedy of the petitioner is to assail the judgement and order Versus Counsel for Petitioner(s) : Amit Kumar Yadav, Janardan Yadav, Shyam Mohan Singh Counsel for Respondent(s) : C.S.C. Smt. Amina Devi .....Petitioner(s) State Of U.P. And 5 Others .....Respondent(s) of the Family Court by which it directed the property in dispute to be attached and sold in appropriate proceedings. 5. In such view of the fact, the writ petition is dismissed with liberty to the petitioner to avail appropriate remedy available under the law. September 25, 2025 Sattyarth WRIC No. 30560 of 2025 2 (Amitabh Kumar Rai,J.) (Saral Srivastava,J.) Digitally signed by :- SATTYARTH ANAND High Court of Judicature at Allahabad