Neutral Citation No. - 2025:AHC-LKO:3075-DB Court No. - 2 Case :- WRIT - C No. - 11412 of 2024 Petitioner :- Ram Naresh And Another Respondent :- State Of U.P. Thru. Prin. Secy. Deptt. Revenue Civil Lko And 3 Others Counsel for Petitioner :- Prabhat Kumar Mishra,Arun Kumar,Chetan Kumar Tiwari Counsel for Respondent :- C.S.C.,Dilip Kumar Pandey Hon'ble Rajan Roy,J. Hon'ble Brij Raj Singh,J. Heard. The petitioners' Counsel contends that there is illegal encroachment by one Rakesh Maurya on land bearing Gata No. 524 which is a road. However, on being asked to demonstrate that it is a road or is reserved for any public purpose or is otherwise in the control of the Gaon Sabha, he could not show any Khatauni. Instead, he referred to some proceedings under Section 67 but on being asked, he submitted that ultimately in the proceedings under Section 67 of the U.P. Revenue Code, 2006, an order was passed to the effect that there was no encroachment on the Gata No. 524. We further asked him as to whether the said order has been challenged by him, as he claims that proceedings under Section 67 were initiated on his application, he submitted that the same has not been challenged but the Gaon Sabha has submitted an application for recall. Even if it is so, we fail to understand as to how a writ of Mandamus can be issued in these circumstances at the behest of the petitioners to demolish the alleged illegal construction being raised on the land bearing Gata No. 524. The writ petition is dismissed without prejudice to the proceedings which may be pending in respect of the said Gata before any Court, especially as, Rakesh Maurya, is not even a party in this petition. Order Date :- 16.1.2025 Lokesh Kumar [Brij Raj Singh, J.] [Rajan Roy, J.] Digitally signed by :- LOKESH KUMAR High Court of Judicature at Allahabad, Lucknow Bench