HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW WRIT - C No. - 9311 of 2025 Court No. - 2 HON'BLE MRS. SANGEETA CHANDRA, J. HON'BLE BRIJ RAJ SINGH, J. 1. Heard learned counsel for the petitioner and learned Standing Counsel for the State-respondents. 2. This petition has been filed with the following main prayer:- "i- A Writ order or direction in the nature of Mandamus commanding the opposite party no.3 to comply the order dated 07.04.2025 passed by opposite party no.2 Sub Divisional Magistrate, Mahmoodabad, Sitapur in case no.4627 of 2022 Sarkar versus Rasool Ahmad and Others, whereby court has given instruction to the police station in-charge Rampur Kalan to remove the illegal encroachment from the road in question and submit the report to the court, in the interest." 3. It is the case of the petitioner that he is the permanent resident of Gram Panchayat Bhauri, Village Rampur Kalan, Tehsil Mahmoodabad, District Sitapur. The petitioner along with some villagers have jointly moved an application and on that application, the Sub Divisional Magistrate, Mahmoodabad, District Sitapur had directed the Station House Officer, Rampur Kalan to resolve the issue. On 16.9.2022, the Station House Officer, Rampur Kalan submitted a report before the Sub Divisional Magistrate, Mahmoodabad for taking action against the opposite parties under Section 133 of Cr.P.C. On the basis of the report dated 16.9.2022 of Station House Officer, Rampur Kalan, a case was registered bearing Case No.4627 of 2022 (Sarkar Vs. Rasool Ahmad and others) under Section 133 of Cr.P.C., and by Versus Counsel for Petitioner(s) : Amitesh Pratap Singh, Akar Srivastava Counsel for Respondent(s) : C.S.C. Mo. Shareef Khan .....Petitioner(s) State Of U.P. Thru. Prin. Secy. Revenue Deptt. Lko. And 2 Others .....Respondent(s) order dated 11.10.2022, the Sub Divisional Magistrate, Mahmoodabad, Sitapur had directed the Rasool Ahmad and others to remove the obstruction from the public way and the final order was passed on 7.4.2025. 4. Learned Standing Counsel has raised a preliminary objection that the order under Section 133 Cr.P.C. can be carried by the authority under Section 141 of Cr.P.C., which relates to procedure on order being made absolute and consequences of disobedience. 5. We have gone through Section 141 of Cr.P.C. and we find that the remedy available to the petitioner is to approach the appropriate forum in accordance with law to get the order executed under Section 141 of Cr.P.C. 6. With the aforesaid direction, present writ petition is disposed of. September 22, 2025 Sachin WRIC No. 9311 of 2025 2 (Brij Raj Singh,J.) (Mrs. Sangeeta Chandra,J.) Digitally signed by :- SACHIN MEHROTRA High Court of Judicature at Allahabad, Lucknow Bench