Neutral Citation No. - 2025:AHC-LKO:11738 Court No. - 8 Case :- WRIT - C No. - 1897 of 2025 Petitioner :- Seeta Devi Respondent :- State Of U.P. Thru. Prin. Secy. Deptt. Of Revenue, Lko. And Others Counsel for Petitioner :- Rishi Raj Mishra,Sachin Kumar Mishra Counsel for Respondent :- C.S.C. Hon'ble Jaspreet Singh,J. 1. Notice on behalf of the respondents no.1 to 6 has been accepted by the office of the Chief Standing Counsel. 2. By means of the instant petition, the petitioner prays for the following reliefs:- (i) To issue a writ in nature of mandamus commanding opposite party no.3 to 6 for the compliance of the order passed on 12.11.2022 by Sub Divisional Magistrate, (Tehsil Level), Judicial, Pratapgarh. (ii) To direct the opposite party nos.3 to 6 to remove the illegal encroachment by the opposite party no.7 and 8. (iii) To direct the opposite party no.4 for the compliance his own order passed on dated 12.11.2022. 3. The record indicates that the petitioner had initiated proceedings under Section 24 of the U.P. Revenue Code, 2006 which came to be allowed on 12.11.2022. 4. The record further indicates that in pursuance of the order dated 12.11.2022 fresh boundary marks/pillars were erected on 15.06.2023. 5. It is the case of the petitioner that the private respondents have been disturbing the boundary marks and this was also taken note of by the Nayab Tehsildar who had furnished his report to the Sub Divisional Magistrate concerned on 28.07.2024 and the copy of the same has been placed on record as annexure no.7. 6. It is urged that despite the said report, the private respondents are disturbing the said boundary marks and in such circumstances, a fresh direction be issued to the respondents no.3 to 6 to remove the illegal encroachments allegedly made by the private respondents no.7 and 8 and comply the earlier order dated 12.11.2022. 7. Considering the aforesaid facts and circumstances where the order passed by the Sub Divisional Magistrate under Section 24 of the Code 2006 was duly implemented and from the perusal of annexure no.7, it further indicates that the same exercise was done once again on 28.07.2024. 8. Accordingly, in the aforesaid circumstances, this Court is not inclined to entertain the petition especially where reliefs of mandamus have been sought as the essential ingredients for considering the prayer of mandamus is not made out. Admittedly, an order has been passed in favour of the petitioner which has been implemented twice. The averments in the petition are against the private respondents which gives a colour of private dispute which necessarily involves disputed questions of fact, hence in the aforesaid circumstances, the petition is dismissed leaving it open for the petitioner to take recourse as may be available to him. Order Date :- 25.2.2025 ank Digitally signed by :- ALI NEWAZ KHAN High Court of Judicature at Allahabad, Lucknow Bench