Neutral Citation No. - 2025:AHC-LKO:48171 Court No. - 5 Case :- WRIT - C No. - 7612 of 2025 Petitioner :- Amresh Vinamra Singh And Others Respondent :- State Of U.P. Thru. Secy. Revenue, Lko. And Others Counsel for Petitioner :- Jay Prakash Singh Counsel for Respondent :- C.S.C. Hon'ble Alok Mathur,J. 1. Heard Sri Satendra Tiwari holding brief of Sri Jai Prakash Singh, learned counsel for the petitioners as well as learned Standing counsel for respondents No.s 1 to 7. 2. It has been submitted by learned counsel for the petitioners that the petitioners are the owners of gata No.1243 area 0.4700 hectare situated in Village Behta Kalan, pargana Sareni, Tehsil Lalganj, District Raebareli, which is purchased through registered sale deed on 11.8.2021 from opposite party No.28. It is the case of the petitioners that when the petitioners taken possession of the said land started construction private respondents resisted the petitioners from raising the said constructions due to which the petitioners had moved various complaints to the revenue authorities as well as police authorities. It has also been submitted that a suit under Section 116 of U.P. Revenue Code titled as Anoop Kumar and others Vs. Jagat Kumar and others is pending consideration. 3. In the present writ petition, it has been submitted that an application was filed before Sub Divisional Magistrate, Lalganj, District Raebareli in which he has passed order on 13.10.2021 directing the private respondents not to interfere in the property of the petitioners and in the aforesaid circumstances the petitioners have approached this court seeking a direction in the nature of mandamus directing the respondent No.2 to 6 to comply the order dated 13.10.2021. 4. When a pointed query has been made as to under which provision the petitioner has approached the Sub Divisional Magistrate, learned counsel for the petitioner could not indicate any such provision under which he moved the said application nor could he indicate as to under which provision such an order has been passed considering that order of injunction has been passed by the Sub Divisional Magistrate clearly usurping the power vested with a civil court or with the revenue court of competent jurisdiction. 5. In the present case, a civil suit preferred by the petitioner is pending consideration then Sub Divisional Magistrate, Lalganj, District Raebareli merely on an application has passed an order for injunction. The exercise of the power by the Sub Divisional Magistrate while passing the order dated 13.10.2021 is clearly without jurisdiction, illegal and arbitrary. Such an order can only be passed by competent court of civil jurisdiction. 6. In light of the above, such illegal and arbitrary orders cannot be got complied with at the behest of the petitioners by invoking the writ jurisdiction under Article 226 of the Constitution of India. Writ of mandamus would lie only to comply with a statutory order to direct appropriate authority to comply with the legal and valid order passed under the provisions of law but writ of mandamus cannot be utilized for seeking a direction to comply with the orders which are on the face of the record illegal and arbitrary. 7. In light of the above, the writ petition is devoid of merits and is accordingly dismissed. (Alok Mathur, J.) Order Date :- 18.8.2025 RKM. Digitally signed by :- RAKESH KUMAR MAURYA High Court of Judicature at Allahabad, Lucknow Bench