Neutral Citation No. - 2025:AHC:107463-DB Court No. - 21 Case :- WRIT - C No. - 18245 of 2025 Petitioner :- Asmat Ara Khan Respondent :- State Of Uttar Pradesh And 3 Others Counsel for Petitioner :- Prajjwal Tyagi,Sanjeev Kumar Tyagi,Prajjwal Tyagi,Sanjeev Kumar Tyagi Counsel for Respondent :- C.S.C.,C.S.C. Hon'ble Manoj Kumar Gupta,J. Hon'ble Ram Manohar Narayan Mishra,J. 1. The following prayers have been made in the writ petition: "i) Issue a writ, order or direction in the nature of mandamus directing the District Magistrate, Prayagraj to provide appropriate police force and revenue personnel, in pursuance of the report of UP Ziladhikari dated 21.10.2024, and report of Assistant Commissioner of Police, Prayagraj dated 21.10.2024 & report of police official of P.S. Atarsuiya dated 30.09.2024, for peaceful construction of boundary wall of the abadi land of the petitioner. ii) Issue a writ, order or direction in the nature of mandamus directing the District Magistrate, Prayagraj to decide the representation dated 20.03.2025." 2. The case of the petitioner is that certain land, which the petitioner has inherited from his ancestors, was illegally encroached by certain private persons. They were not permitting the petitioner to enclose the same by boundary wall. The petitioner, therefore, filed an application before ADM (City), Prayagraj and he called for a report from the concerned police officer. In pursuance of the said order, the police officer submitted a report recommending for providing assistance to the petitioner through revenue officials and sufficient police force to enable him to complete his constructions. The petitioner, thereafter, submitted an application before Assistance Commissioner of Police requesting for being provided with police force and revenue officers to enable the petitioner to complete the construction of the boundary wall. It is submitted that, thereafter, various directions have been issued by different authorities to provide police protection to the petitioner to prevent unauthorized encroachment and construction of the boundary wall. Since, these directions have not been followed, therefore, the instant petition has been filed. 3. On query made by the court to learned counsel for the petitioner as to who are the persons, who have been making effort to encroach upon the land of the petitioner and the provision of law under which he moved application before the executive authorities for being provided with police force and team of revenue officials to enable the petitioner to construct boundary wall, he is not in a position to place before the court any such provision. 4. In our considered opinion, the only power which rests with the executive authorities/police authorities is to ensure maintenance of law and order. They cannot come in aid of the petitioner to prevent any private person, who is asserting his right over the land and, thereby, enable the petitioner to raise constructions. 5. The private persons, who are allegedly interfering in the right of the petitioners, have not been impleaded and, therefore, also we feel that the instant petition would not be maintainable. 6. In our considered opinion, the instant petition is wholly misconceived and is, accordingly, dismissed but without prejudice to the right of the petitioner to seek appropriate relief under common law. (Ram Manohar Narayan Mishra, J.) (Manoj Kumar Gupta, J.) Order Date :- 8.7.2025 Ankit. Digitally signed by :- ANKIT VISHWAKARMA High Court of Judicature at Allahabad