Sanjay Misra,J. According to the petitioner, Khasra Nos.417, 831, 852 and 866 of Village Basuhar, Pargana and Tehsil Chail, District Kaushambi, have been recorded as Usar and pond in the revenue records. It is alleged that on some part of Khasra Nos.831 and 852, there is encroachment by respondent no.11. 2. From the record, it appears that the petitioner moved an application before the District Magistrate on 6 August 2013 and before the Commissioner, Allahabad Division, Allahabad on 10 September 2013. On 11 September 2013, the Commissioner issued directions for an enquiry. Again in another application dated 6 October 2013 to the Commissioner, similar directions are stated to have been issued on 9 October 2013. However, according to the petitioner, the Lekhpal has stated in his report on 7 September 2013 that on Khasra No.852, respondent no.11 has an interest with transferable rights and that on Khasra No.831, which is recorded as a pond, no new construction is being raised. At this stage, since the Commissioner has already been moved by the petitioner, we are inclined to direct that the petitioner may pursue his representation before the Commissioner since primary investigation into facts is necessary. 3. We clarify that we have not expressed any view nor have we entered any finding of fact at this stage. However, we permit the petitioner to move the Commissioner with a certified copy of this order in order to enable the Commissioner to take action which may be warranted in accordance with law. 4. The writ petition is accordingly disposed of. ________________