HIGH COURT OF JUDICATURE AT ALLAHABAD WRIT - C No. - 10492 of 2020 Court No. - 2 HON'BLE PRAKASH PADIA, J. HON'BLE VIVEK SARAN, J. 1. The petitioners have preferred the present writ petition inter-alia with the following prayers:- "i). Issue a writ, order or direction in the nature of mandamus directing the respondent No. 2 to 4 to take legal and appropriate action in pursuance of the application moved by the petitioners for taking possession over the land situated in Gata No. 722, Area 0.105 Hect. situated in Village & Post-Tamkuhiraj, Tappa-Dhuriya Vijaypur, Pargana-Sidhua Jovna, Tehsil- Tamkuhiraj, District- Kushinagar. ii) Issue a writ, order or direction in the nature of mandamus directing the respondent No. 2 to decide the application of petitioners dated 27.05.2019 (Annexure No. ... . . to this writ petition) within stipulated time from the command of this Hon'ble Court." 2. While going through the representation made by the petitioners dated 27.05.2019, copy of which is appended (paper book-46A) it appears that conflicting stand has been taken by the petitioners themselves since on the one hand it is stated that private-respondents are trying to interfere with the peaceful possession of the petitioners on the other hand it is stated that till date petitioners are not able to take the possession of the applicant's land. 3. After going through the aforesaid, we are of the opinion that relief sought by the petitioners in the present writ petition by way of aforesaid representation is against the private-respondents namely respondent Nos.5 to 8, which cannot be granted under writ jurisdiction. Law in this connection is well settled that mandamus cannot be issued against the private individuals and the appropriate remedy lies under the common law. Versus Counsel for Petitioner(s) : Shashi Shekhar Mishra Counsel for Respondent(s) : C.S.C. Sant Saran And 2 Others .....Petitioner(s) State Of U.P. And 7 Others .....Respondent(s) 4. In this view of the matter, the present petition is dismissed with the liberty to avail the common law remedy, if so advised. (Vivek Saran,J.) (Prakash Padia,J.) October 13, 2025 Swati WRIC No. 10492 of 2020 2 Digitally signed by :- SWATI PATHAK High Court of Judicature at Allahabad