HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. WRIT PETITION No. - 22793 of 2025 Court No. - 44 HON'BLE J.J. MUNIR, J. HON'BLE SANJIV KUMAR, J. The case of the petitioner is that he is the holder of a power of attorney from his daughter Ritambhara Chaurasia with regard to Plot no. 261 situate at Mauja Khalispur, District Varanasi. Ritambhara has sold away 25 ares of land out of Plot no. 261 vide registered sale deeds dated 31.08.2011 and 24.08.2012 in favour of Manorma Devi, and again, an area of 12.05 ares in favour of Ramawati Devi on 05.09.2013. The petitioner, as the attorney of his daughter, has rights over the residue of land, which is claimed to be an area of 4.4 ares. The case of the petitioner is that on 05.09.2025, he learnt that respondent nos. 4, 5, 6 and 7, who are purchasers of some area of the plot in question, were raising construction over the whole of it and beyond what they have purchased. The petitioner attempted to stop them, whereupon he was abused in vulgar language and assaulted employing an iron rod. In this regard, the petitioner has made an application to the Commissioner of Police, Varanasi with a request that illegal constructions being done on his land by respondent nos. 4 to 7 be stopped and the said respondents be restrained from illegally occupying his land, besides protecting the petitioner's life and property. A reading of the application dated 08.09.2025 shows that it is a classical cause of action for a civil suit, where the petitioner could have moved the Court of competent civil jurisdiction for the grant of an injunction, and in aid of it, may be a temporary injunction. Instead, the petitioner wants an Versus Counsel for Petitioner(s) : Parvesh Kumar Pandey, Sarvesh Kumar Pandey Counsel for Respondent(s) : G.A. Munna Lal Chaurasia .....Petitioner(s) State of Uttar Pradesh and others .....Respondent(s) injunction from the Commissioner of Police, expecting him to discharge duties of the Judge. It is not the province of the Police as such to protect possession, restrain constructions or dispossess someone illegally occupying another's land. They are concerned with the investigation of offences that are reported to them besides maintenance of law and order; nothing more. Considering the relief that the applicant seeks from the Commissioner of Police, we are not inclined to issue a mandamus to the Commissioner of Police to do something which he is, under the law, not entitled to it. We cannot permit by our mandamus the Commissioner of Police to act as a Judge. The petitioner, in fact, has his remedies available to him under the law, as advised. Subject to the above remarks, this petition is dismissed. Let this order be communicated to the Commissioner of Police, Varanasi through the learned Chief Judicial Magistrate, Varanasi by the Registrar (Compliance) within 48 hours. October 7, 2025 Deepak CRLP No. 22793 of 2025 2 (Sanjiv Kumar, J.) (J.J. Munir, J.) Digitally signed by :- DEEPAK KUMAR PANDEY High Court of Judicature at Allahabad