Neutral Citation No. - 2025:AHC-LKO:35114-DB Court No. - 2 Case :- WRIT - C No. - 5678 of 2025 Petitioner :- Bansh Gopal Respondent :- State Of U.P. Thru. Secy. Mini. Of Revenue Lko And 5 Others Counsel for Petitioner :- Vimlesh Kumar Counsel for Respondent :- C.S.C.,Dr. V.K. Singh Hon'ble Saurabh Lavania,J. Hon'ble Syed Qamar Hasan Rizvi,J. Heard Sri Vimlesh Kumar, learned counsel for the petitioner, Sri Rakesh Kumar Tiwari, learned Additional Chief Standing counsel appearing for the State/respondent Nos. 1 to 3 & 5 and Sri Ram Kumar Singh, Advocate, who has filed Vakalatnama on behalf of respondent No. 4/Executive Officer, Nagar Panchayat, Banthra, District- Lucknow in the Court today, which is taken on record. The instant petition has been preferred seeking following main relief(s):- "(i) Issue of a writ order or directions in nature of Mandamus commanding the opposite parties no.2 and 3 to provide the Police assistance to the Opp.party no4 to carrying out the constructions of the Kharanja Road on the Kachcha road shown by the red colour in the map as contained anenxure no 1 to this writ petition and prevent the opposite party no.6 not to create any hindrance in constructing the Kharanja road over the said Kachcha Road in any manner." Upon due consideration of the facts, as appears from the record, including that Civil Suit No. 687 of 2005 filed by the respondent No. 6/Bhikha Lal impleading petitioner as defendant therein seeking decree of perpetual injunction is pending before the Civil Judge (J.D.), Hawali, Lucknow and also the remedy available to the petitioner for removal of encroachment over the 'public way' under Section 152 Bharatiya Nagarik Suraksha Sanhita, 2023 (in short "BNSS") akin to Section 133 Cr.P.C., this Court is not inclined to entertain the instant petition for the relief(s) sought, quoted above, at the behest of the petitioner. The instant petition is accordingly dismissed. It is however with liberty to the petitioner to press/pursue the remedy as available to him under the law. The respondent No. 4 is also at liberty to do needful in the matter after taking note of the letters dated 11.04.2025 and 12.04.2025 annexed as Annexure Nos. 5 and 6, respectively, to the instant petition. [Syed Qamar Hasan Rizvi,J.] [Saurabh Lavania,J.] Order Date :- 10.6.2025 Arun/- Digitally signed by :- ARUN KUMAR GANGWAR High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- ARUN KUMAR GANGWAR High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- ARUN KUMAR GANGWAR High Court of Judicature at Allahabad, Lucknow Bench